Economic Growth and Property Rights in China: the Role of Courts in Filling Legislative Gaps and Balancing Competing Interests

Abstract

Property ownership is a cornerstone of the Western legal tradition. Over the years it has become one of the basic rights in a given society, especially for the so-called rule-of-law countries, due to the fact that it has a great impact on the rights of every citizen. Nevertheless, property law also has an influence on economic growth and the case of China is pivotal. Paying particular attention to property rights related to land, this paper critically traces the legal evolution of property law in China and underlines its controversial aspects and the assistance that people’s courts could guarantee to potentially solve some of the issues related to property.