Assessing evictions and expropriations in China: Efficiency, credibility and rights

Eva Pils ^[1]
1. [1] King's College London
  
  King's College London
  
  Reino Unido
Localización: Land use policy: The International Journal Covering All Aspects of Land Use, ISSN 0264-8377, ISSN-e 1873-5754, Nº. 58, 2016, págs. 437-444
Idioma: inglés
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Resumen
- Examining three possible ways of interpreting China’s laws on expropriation and eviction, I argue in thispaper that a persuasive evaluative assessment of China’s property regime needs to examine the impact offorced evictions not only on property rights but also on basic rights such as the human right to be protectedfrom forced evictions, and the problem of access to justice in cases of contentious evictions. Some (neo-liberal) arguments for secure property rights, while popular, are based on a simplistic understanding ofrights, because they reduce the value of rights to their assumed utility. The ‘credibility’ thesis advancedby Peter Ho can be used to assess evictions under China’s property rights and land tenure system, butaccording to the view taken here, a truly credible system must protect basic rights.