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Showing papers in "Berkeley Journal of International Law in 1990"


Journal ArticleDOI
TL;DR: The law governing the ownership of land in China has recently begun another fundamental transformation in urban areas as mentioned in this paper, where only forty years ago feudalism prevailed, and where a decade ago all land was communally owned, the land reforms now under way are part of the general transformation of the centrally planned economy into ''socialist commodity economy, relying increasingly on market mechanisms for the efficient allocation of resources.
Abstract: The law governing the ownership of land in China has recently begun another fundamental transformation in urban areas. Where only forty years ago feudalism prevailed, and where a decade ago all land was communally owned, the land reforms now under way are part of the general transformation of the centrally planned economy into \"socialist commodity economy,\" relying increasingly on market mechanisms for the efficient allocation of resources. In 1987, the Thirteenth National Congress of the Communist Party of China (CPC) called for the establishment of a socialist market system that would include markets for such essential factors of production as funds, labor, and real estate.' Indeed, the foundation of a real estate market has begun to develop in urban China, with the introduction of payment for the use of land and the legitimation of trade in land use rights. These reforms, however, are far from complete, and commodity interests in land are still relatively rare in the country as a whole. The reforms are most advanced in the Special Economic Zones (SEZs) and coastal cities where foreign investment is concentrated. 2 Nevertheless, trends clearly point toward their expansion throughout the country. 3

2 citations