Chapter

Why the Village Has No Power: Land Ownership Disputes and Customary Tenure

Peter Ho

in Institutions in Transition

Published in print June 2005 | ISBN: 9780199280698
Published online July 2005 | e-ISBN: 9780191602528 | DOI: http://dx.doi.org/10.1093/019928069X.003.0003

Series: Studies on Contemporary China

Why the Village Has No Power: Land Ownership Disputes and Customary Tenure

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Starts with a historical analysis of China’s land property structure and its weaknesses. It is argued that the former production team exercised no real power over land, even though it enjoyed formal land ownership. Instead, control over land ownership resided with the commune and the local state. This has resulted in frequent illegal land expropriation, the neglect of customary rights, and the failure to register land. Through an analysis of a unique set of court cases it is shown how this historical background is the source for many land disputes between the state and the collective.

Keywords: customary rights; expropriation; land disputes; land law; titling and registration

Chapter.  13586 words.  Illustrated.

Subjects: Economic Development and Growth

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