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

See all articles by Lei Chen

Lei Chen

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

Date Written: September 24, 2010

Abstract

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.

Suggested Citation

Chen, Lei, Private Property with Chinese Characteristics: A Critical Analysis of the Chinese Law on Property of 2007 (September 24, 2010). European Review of Private Law, Vol. 18, No. 5, pp. 983-1004, 2010. Available at SSRN: https://ssrn.com/abstract=1681945

Lei Chen (Contact Author)

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

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