Challenging Eminent Domain in the High People‘s Courts: Procedure is the Key!

This paper investigates empirically how Chinese courts adjudicate eminent domain decisions for the first time and proves that even the non-independent Chinese courts can curb local governments‘ eminent domain power to some extent. We hand-coded 586 eminent domain judgements awarded by the High People‘s Courts of China from 2014-2015, which were made available by the...

Panel 106, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM

Federalism and the Rights Revolution: Why Do Chinese Local Governments both Endanger and Expand Individual Land Rights?

Local governments in China are resisting and distorting the rights revolution in national law, at the core of which lies the imposition of constraints on those governments‘ eminent domain power. Meanwhile, facing national legislative gridlock, local governments experiment with such initiatives as granting farmers land development rights. Why are Chinese local governments simultaneously endangering the...

Panel 75, TUESDAY JUNE 26 2018 11:00 AM - 12:30 PM