More Market-Oriented than the United States and More Socialist than China: A Comparative Public Property Story of Singapore

55 Pages Posted: 6 Feb 2014 Last revised: 1 Dec 2014

See all articles by Jianlin Chen

Jianlin Chen

University of Melbourne - Melbourne Law School

Jiongzhe Cui

Deacons

Date Written: February 1, 2014

Abstract

Compared to the more illustrious conceptualization of private property, the conceptualization of public property remains at a surprisingly infantile stage. The very definition of public property is ambiguous. This article utilizes a comparative case study of traffic congestion policies in the United States, China, and Singapore to highlight the conceptual pitfalls posed by the current confusion on public property. This article proposes a refined public property framework that offers greater conceptual clarity on the real issues at stake. In particular, this article argues that “property” in public property should include regulatory permits while “public” in public property should not be distracted by the requirement of public access. The allocation considerations of efficiency and fairness governing conventional public property are equally applicable to economically valuable regulatory permits. Similarly, public access is a mere form of allocation that should be changed upon alterations in use pattern arising from technological advancement and socioeconomic changes.

Keywords: Public Property, Private Property, China, Market Mechanism, Singapore, Efficiency, Corruption, Public Access, Traffic Management

Suggested Citation

Chen, Jianlin and Cui, Jiongzhe, More Market-Oriented than the United States and More Socialist than China: A Comparative Public Property Story of Singapore (February 1, 2014). Pacific Rim Law & Policy Journal, Vol. 23, 1-55, University of Hong Kong Faculty of Law Research Paper No. 2014/006, Available at SSRN: https://ssrn.com/abstract=2391624

Jianlin Chen (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Jiongzhe Cui

Deacons ( email )

18 Chater Road
Central
Hong Kong
Hong Kong

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