Published online by Cambridge University Press: 09 July 2025
This chapter explores the fundamental aspects of property law in China, emphasising its reach and function as a socially constructed concept. It begins by defining the scope of property law and its significance in a socialist-transitioning China, where property is seen not just as a tangible asset but as a relationship between individuals and society. It delves into the historical development of property law, tracing changes from ancient times through the establishment of the People’s Republic of China and the subsequent legal reforms.
The chapter also examines the constitutional property clause, highlighting amendments that have progressively recognised and protected private property rights. It discusses significant rural land reforms, focusing on the transition from collective to more individualised land use rights and the implications for agricultural productivity and social stability. Furthermore, the chapter addresses the protection of property rights, outlining legal mechanisms for the enforcement and safeguarding of these rights.
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