Private Property with Chinese Characteristics: A Critical Analysis of the Chinese Law on Property of 2007
European Review of Private Law, Vol. 18, No. 5, pp. 983-1004, 2010
27 Pages Posted: 25 Sep 2010 Last revised: 6 Feb 2017
Date Written: September 24, 2010
The article examines the significance of introducing and strengthening the Chinese property law of 2007. It explores the key features of the new property law employing critical analysis. It depicts the legislative innovations arising from the code’s sui generis nature and identifies a wide spectrum of provisions and institutions on the basis of their unique characteristics. Specifically, it respectively elaborates the code’s civil law tradition, socialist ideological influence, communitarian value, and the internationalization of Chinese property law’s modernity. Highlighted is that the Chinese property law is an evolutionary rather than a revolutionary product since it is flavored with Chinese traditional values and political ideology.
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