More is Better? Overcompensation in Takings in China

3 Baku St. U. L.Rev. 15 (2017)
Article language: English.

Nowadays, there is hardly no country holds the doctrine of absolute property right in practice, especially when facing conflicts between public interests and private property rights. As to takings, more and more academic discussions focus on the “public interest” goal and the fair compensation standard instead of the legitimacy of the “takings” concept itself. Takings in China are really noteworthy for their extraordinary large scale and its relationship with the country’s rapid economic development. And what’s more interesting is that compared to the stereotype of takings as damage to property rights, Chinese people have more complicated attitudes towards takings since potential windfalls and violent conflicts co-exist in this process. Many lower class people even view the compensations of takings as their best way, if not the only one, to improve their living standards in short time. This paper intends to introduce the compensations of takings in China and explain the inner political economy logic briefly.

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