100 Years of Chinese property law: Looking back and thinking forward

Clarifying the demarcation of property rights is a significant legislative concern in China transformed both by state commitment and by individual appeals. Property rights are often more inherently embedded in social values and economic issues than in contract or tort law. This chapter sketches how property rights have evolved, since the early twentieth century, in Chinese social, political and economic contexts. The first part examines the historical development of Chinese property law. It explores the significance of the early transition to the civil law tradition and demonstrates how property law operated in different social environments. The second part analyses the 2007 Property Law. This Law is the most recent controlling statute in this area and provides evidence of China's commitment to transforming individual property rights. This part also addresses a representative sampling of relevant statutory provisions, analyses major changes and presents reflections on China's unique political and economic system (e.g., the meshing of socialism and market economy). The final part explores the wider implications of these changes and the task of turning broad statutory concepts into actual practice. Since the 2007 Property Law only applies generalized legislative techniques, many details are left to be articulated in subsequent work (e.g., special laws or departmental rules or judicial interpretations of the Supreme People's Court). The author also advocates that more nuanced empirical studies should be conducted in order to measure the extent to which black letter rules have been transformed into substantive rights.