Dissertations / Theses on the topic 'Land tenure – China'

Thesis (Ph. D.)--Hong Kong University of Science and Technology, 2002.
Includes bibliographical references (leaves 181-190). Also available in electronic version. Access restricted to campus users.

1.1\xThis thesis studies land expropriation disputes from the angle of property right, exploring its origins from the relationships between township (town) government and villagers, village collective and villagers, and different villagers, focusing on peasants' resisting low land expropriation compensation instead of their fighting against land expropriation. Specifically, this research will discuss three questions. What is the nature of property right? How had the landed property rights been regulated and adjudicated? How do women gain and loss their land rights and interests?;1.2\xIn terms of the nature of property right, two kinds of idea are widely spread in academic circle; the first follows a materialist-legalist viewpoint and considers property rights as a bundle of rights, whereas the second adopts a constructivist perspective and considers property rights as a network of social relations. With defected land institutions and peasants' complicated social life, both of the two ideas cannot provide a suitable explanation for some new phenomena in land expropriation disputes, leaving a gap between property right theory and practice. Building on the foundation of Zhang Xiaojun's (2007) idea of "multiple property rights" and drawing upon Pierre Bourdieu's discussion of capitals, this research will propose the idea of "composite property rights" to systematize the discussion. This concept examines the transformation of symbolic, social, and cultural capital into economic capital, and in turn the transformation of economic capital into property rights. In so doing, I hope to provide a better framework for understanding the mechanisms through which various capitals can be mobilized to "realize" the landed property rights.;1.3\xSince this research regards composite property rights as the nature of property right, the answer of the second research question then transfers into: what are the characteristics of the practical logic of composite property rights? Basing the rationale of resistance on peasants' local perception of land rights, peasants explore an action strategy, boundary-treading resistance. This concept reveals their tactics on three different relationships. First, as to the relation with the state, the peasants' resistance treads on state laws and land institution by taking advantage of their capitals. Second, in terms of the relation with local government and developers, their strategies rely on probing counterparty's loopholes, treading on boundaries of administrative enforcement of policy. Third, in regard to the relation among villagers or familial relationship, their behaviors challenges the village rules and traditions, treading on the boundaries of traditional moral principles.;1.4\xIn order to use the two concepts, this research specifically analyzes women's striving for land rights and interests. After building a framework of membership, this research transfers the third research question into a specific one: since rural land is owned by rural collective economic organization, how can an individual become its member? In sum, women's tactics include (1) taking full advantage of village collective's self-contradictory decision which admits their huji but refuses their cuji, (2) revoking their previous promise, and (3) exploring the loophole of household register management. During their striving for membership, they utilize their various capitals: (1) they use money as deposit to get villagers meeting's support, or gift to gain cadre's favor, to move in/back their huji, (2) with their relatives' help, they can get information and other support.;1.5\xBy attaching all kinds of capitals to the property right transformation from economic capital to economic property right, peasants' resources can be transformed into capitals; and these capitals enter their citizen life, alleviating their pauperization. At the same time, boundary-treading resistance characterizes land-lost peasants as peasant-citizens who keenly take petty advantage of others and merely try to be smart, so their resistance has a long way to catch up with safeguarding rights of citizen.

How the state controls village cadres greatly shapes state-peasant relations. This study attempts to examine the relative and varying strengths of state power, village democracy, and social forces in structuring behavior patterns of village cadres in contemporary China. Particularly, three dimensions of state penetration into the countryside, Party organization, the bureaucratic system, and policy campaigns, are highlighted. It is widely accepted that village cadres are structured by top-down Party and bureaucratic control, bottom-up village elections, and informal accountability embedded in rural solidary groups. However, the conditions under which one particular mechanism plays a dominant role need to be further examined. It is also well known that local states seek to control village cadres by routine mechanisms such as Party organizations and the bureaucratic system. However, non-routine policy campaigns are not fully studied. By examining village cadre behavior in land transfers in agricultural rural areas and land expropriation in industrializing rural areas in Shandong province, this research has several findings. First, state penetration is the most powerful explanatory mechanism among others, and village democracy and societal groupings are undermined by state intervention and market forces. Second, local states in agricultural rural areas seem more developmental in land transfers while their counterparts in industrializing rural areas have more predatory elements in land expropriation. Third, village-level controlled comparisons indicate that varying strengthens of state penetration, depending on the implementation of Party organization, the bureaucratic system, and policy campaigns, greatly shape the degree of involvement in land tenure by village cadres. This study has implications for theories in comparative politics. First, the relative explanatory strength of state power, democracy, and social forces needs to be examined in specific contexts: varying issues, regions, sectors, timing and so forth. Second, the state has to be unpacked and differentiated. Third, policy campaigns characterized by ideological control and mass mobilization are powerful policy instruments and a useful remedy for rigid bureaucracy. It indicates that China’s distinctive state penetration can provide a new perspective in conceptualizing the state and studying state infrastructural power.
published_or_final_version
Politics and Public Administration
Doctoral
Doctor of Philosophy

This thesis probes the land (in)justice in Hong Kong by presenting an archival research which contributes to the inter-disciplinary scholarship of legal geography. It conceptualises the leasehold land system as the legal mechanism in the land (re)development regime and politicises the understanding of land (in)justice by explaining how it is produced and reproduced by the legal mechanism. Drawing on critical realism, Dikeç's spatial dialectics of injustice, Lefebvre's concrete abstraction and several concepts in legal geography, this thesis proposes "spatio-legal dialectics of land (in)justice" as the theoretical framework. Reconstructing the historical geography of this former British colony, through the lens of scalar politics, demonstrates that the legal system and land development have been inextricably intertwined in Hong Kong. Through the legal technicalities of land leases, the Colonial Government transformed the territory of Hong Kong into an exploitable land property, and thus secured the absolute control of land and the effective governance of the society. The expiry problem of the land lease placed the future of Hong Kong as a diplomatic question between China and Britain. The "Tin Shui Wai Myth", situated in the 1980s, reflected the frictions between the two countries. The "Myth" is not only related to the production of the spatiality of injustice as a new town but also associated with the production of the injustice of spatiality because of some legal changes. These legal changes, related to land lease and urban infrastructure, evolved after the Sino-British Negotiation and led the land (re)development regime to be more hegemonic. Understanding Hong Kong as a property jurisdiction, the current problematic of land injustice, under the new constitutional order of the Chinese sovereignty, is elaborated by the thesis of complete exploitation with the concept of urban land nexus. This thesis empirically interprets the mutual constitution of law and urban development, and conceptually engages in the academic debates about (in)justice, law and urban spatiality.

Thesis (Ph. D.)--University of California, San Diego, 2009.
Title from first page of PDF file (viewed July 2, 2009). Available via ProQuest Digital Dissertations. Vita. Includes bibliographical references (p. 117-124).

黃永豪.
手稿本, 複本影印手稿本.
香港中文大學硏究院歷史學部碩士論文.
參考文獻 : leaves 227-239.
Huang Yonghao.
Chapter 第一章 --- 前言 --- p.1
Chapter 第二章 --- 沙田的壯貌與鄉紳的作用 --- p.15
Chapter 第三章 --- 沙田的租佃關係 --- p.62
Chapter 第四章 --- 東莞明倫堂與萬頃沙　 --- p.82
Chapter 第五章 --- 大梁龍氏與東海十六沙 --- p.116
Chapter 第六章 --- 結論 --- p.153
附錄 --- p.158
注釋 --- p.176
徵引書目 --- p.227

by Wong Yiu Fai Peter.
Thesis (M.B.A.)--Chinese University of Hong Kong, 1994.
Includes bibliographical references (leave 91).
ABSTRACT
TABLE OF CONTENTS
LIST OF ILLUSTRATIONS
LIST OF TABLES
CHAPTER Page(s)
Chapter I. --- INTRODUCTION --- p.1-3
Chapter II. --- THE THEORY OF PROPERTY RIGHTS --- p.4-8
Chapter 1. --- Value of Good --- p.4
Chapter 2. --- Nature of Property Rights --- p.4-5
Chapter 3. --- Externalities and Property Rights --- p.5-6
Chapter 4. --- The Exchange of Property Rights and Internalization --- p.6-7
Chapter 5. --- The Development of Property Rights --- p.7-8
Chapter III. --- the changing pattern of real property rights in china --- p.9-24
Chapter 1. --- Historical Background --- p.9-14
Chapter 2. --- The Propelling Forces For the Changein the System of Real Property Rights --- p.14-20
Chapter i. --- Political Forces --- p.14-15
Chapter ii. --- Economic Forces --- p.15-19
Chapter iii. --- To Attract Foreign Investment --- p.19-20
Chapter 3. --- Theoretical Justification and Concepts --- p.20-24
Chapter i. --- Land Ownership --- p.20-21
Chapter ii. --- Property Ownership --- p.21
Chapter iii. --- Land Use Rights --- p.21-22
Chapter iv. --- Theoretical Justification --- p.22-24
Chapter IV --- LEGAL FRAMEWORK --- p.25-42
Chapter 1. --- Enactment of new legislation to accommodate the change in real property rights --- p.25-27
Chapter 2. --- Grant of Land Use Rights --- p.27-32
Chapter 3. --- Transfer of Land Use Rights --- p.32-34
Chapter 4. --- Lease of Land Use Rights --- p.34-35
Chapter 5. --- Mortgage of Land Use Rights --- p.35-37
Chapter 6. --- Termination of Land Use Rights --- p.37-38
Chapter 7. --- Registration and Certificate of Rights --- p.38-40
Chapter 8. --- Land Use Rights in Allotted Land --- p.40-42
Chapter V --- DISPUTE RESOLUTION - LITIGATION AND ARBITRATION --- p.43-45
Chapter 1. --- Litigation --- p.43-44
Chapter i. --- Courts --- p.43
Chapter ii. --- Judges --- p.43-44
Chapter iii. --- Time and Costs --- p.44
Chapter 2. --- Arbitration --- p.44-46
Chapter i. --- International Aspect --- p.44-45
Chapter ii. --- Time and Costs --- p.45-46
Chapter 3. --- Dispute resolution and theory of property rights --- p.46
Chapter VI --- PROBLEMS OF THE NEW LEGAL SYSTEM --- p.47-54
Chapter 1. --- Complexity --- p.47-51
Chapter i. --- "Various sources of laws, regulations and practices" --- p.47-48
Chapter ii. --- Localism --- p.49
Chapter iii. --- Great discretion of officials --- p.49-50
Chapter iv. --- The myth of lawless China --- p.50-51
Chapter 2. --- Immaturity --- p.51-53
Chapter i. --- Immature Concepts --- p.51-52
Chapter ii. --- Immature Systems --- p.52-53
Chapter 3. --- Loopholes in the legal system --- p.53-54
Chapter VII. --- conclusion --- p.55
APPENDICES
Chapter 1. --- Table
Chapter 2. --- Sample Land Certificate
Chapter 3. --- An Extract of the relevant laws and regulations
Chapter 4. --- A Scale of Court Costs and Charge
Chapter 5. --- china International Economic and Trade Arbitration Commission Arbitration Rules
footnotes
bibliography

郭錦洲.
"2008年8月".
"2008 nian 8 yue".
Thesis (M.Phil.)--Chinese University of Hong Kong, 2008.
Includes bibliographical references (leaves 130-134).
Abstracts in Chinese and English.
Guo Jinzhou.
序言 --- p.1
Chapter 第一章 --- 地方社會與王權一一元末明初鮑氏的發展 --- p.17
Chapter 第一節 --- 「父子爭死」 --- p.17
Chapter 第二節 --- 入《宋史》的背後 --- p.20
Chapter 第三節 --- 兩種身份：地方精英與儒學 --- p.24
Chapter 第四節 --- 《孝順事實》 --- p.27
小結 --- p.30
Chapter 第二章 --- 墳庵、社壇與祠堂一一祭祀和控產的演變 --- p.32
Chapter 第一節 --- 墳庵 --- p.32
Chapter 第二節 --- 社壇 --- p.35
Chapter 第三節 --- 祠堂 --- p.40
小結 --- p.45
Chapter 第三章 --- 清代鮑氏宗族的重塑 --- p.48
Chapter 第一節 --- 族譜的創立一一鮑琮與鮑志道 --- p.49
Chapter 第二節 --- 族譜的歷史和創新 --- p.53
Chapter 第三節 --- 重修宣忠堂 --- p.58
小結 --- p.65
Chapter 第四章 --- 棠樾村內鮑氏宗族的整合 --- p.66
Chapter 第一節 --- 龍山慈孝堂 --- p.66
Chapter 第二節 --- 棠樾敦本堂 --- p.69
Chapter 第三節 --- 世孝祠一整合不同派系的宗祠 --- p.78
小結 --- p.83
Chapter 第五章 --- 義田的設立和管理
Chapter 第一節 --- 宣忠戶與節儉戶 --- p.88
Chapter 第二節 --- 私田到義田 --- p.94
Chapter 第三節 --- 義田的登記和課稅 --- p.101
Chapter 第四節 --- 信託財產 --- p.111
小結 --- p.116
結論：棠樾鮑氏宗族與義田 --- p.118
參考文獻 --- p.130
論文附錄
附錄1：慈孝里坊和御詩 --- p.i
附錄2：貞白里坊 --- p.ii
附錄3：鮑氏第四代至十六代世系圖 --- p.iii
附錄4：鄭玉師承圖 --- p.iv
附錄5：孝順事實 --- p.v
附錄6：大和社柱腳 --- p.v
附圖7：明末至清中葉棠樾村圖 --- p.vi
附錄8：清朝棠樾村圖， --- p.vii
附錄9：宣忠堂圖 --- p.viii
附錄10：宣忠堂祭位圖 --- p.ix
附錄11：始祖墓 --- p.x
附錄12：鮑慶雲墓 --- p.x
附錄13：敦本堂祭位圖 --- p.xi
附圖14：敦本堂 --- p.xii
附圖15：敦本堂內木主 --- p.xii
附錄16：現時敦本堂門匾 --- p.xiii
附錄17：1990年代敦本堂剛重修後的門匾 --- p.xiii
附錄18：家廟圖 --- p.xiv
附錄19：鮑氏宗族、宣忠支派、三大房、十四分支關係圖 --- p.xv
附錄20：現時棠樾村地圖 --- p.xvi
附錄21：棠樾村地理位置圖 --- p.xvii
附錄22：宣忠支派第16至27代關係圖 --- p.xviii
附錄23：1785至1820年棠樾村大事表 --- p.xxi