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Legal Strategies for the Development and Protection of Communal Property$
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Ting Xu and Alison Clarke

Print publication date: 2018

Print ISBN-13: 9780197266380

Published to British Academy Scholarship Online: May 2019

DOI: 10.5871/bacad/9780197266380.001.0001

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Understanding Collective Property in the Chinese Context through the Lens of Community

Understanding Collective Property in the Chinese Context through the Lens of Community

Chapter:
(p.152) 8 Understanding Collective Property in the Chinese Context through the Lens of Community
Source:
Legal Strategies for the Development and Protection of Communal Property
Author(s):

Ting Xu

Wei Gong

Publisher:
British Academy
DOI:10.5871/bacad/9780197266380.003.0008

This chapter deals with the conceptualisation of collective property in the Chinese context. It is argued that this concept can be understood and defined through the lens of community via undertaking three methodological steps. The first step lays out the theoretical framework concerning the interplay between community and property. The second step examines the formation and transformation of the collective from a historical perspective. The final step analyses key cases concerning the relationship between membership of the collective and land rights. It is concluded that collective property in the Chinese context is a hybrid property system with permeable boundaries, and the closing commentary therefore questions the nature of the role that the law plays in sustaining collective property.

Keywords:   communal property, collective property, lens of community, boundaries of property, collective, membership of the collective, hybrid property, land rights

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