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Institutions in TransitionLand Ownership, Property Rights and Social Conflict in China$
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Peter Ho

Print publication date: 2005

Print ISBN-13: 9780199280698

Published to Oxford Scholarship Online: July 2005

DOI: 10.1093/019928069X.001.0001

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

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

Chapter:
(p.44) 2 Why the Village Has No Power: Land Ownership Disputes and Customary Tenure
Source:
Institutions in Transition
Author(s):

Peter Ho (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/019928069X.003.0003

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

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