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UBC Theses and Dissertations
Property concepts and institutions in China: does tradition abide? Kremzner, Mark Thaddeus
Abstract
The premise of this paper is that in order to understand contemporary concepts and institutions of property in China one needs to be aware of the historical approaches towards the ownership and management of resources and assets. Legal institutions are a reflection of the ideological and material conditions of a society. The persistence or reappearance of these conditions suggests that there may be some similarities between traditional, primarily Confucian, and contemporary post-Maoist property concepts and institutions. This paper explores the social, economic and ideological basis of imperial era concepts of ownership and management of land resources and investigates the interaction between state and society, or the official and private spheres. The research here demonstrates that despite officially held ideas of imperial land ownership, most land effectively was owned by actors within the private sphere by at least the early to mid-Qing. Nevertheless, the concept of ownership emphasized the community as opposed to the individual, and thus the notion of private exclusive rights in resources such as land significantly was minimal. Property institutions frequently resembled trusts or corporations, which were characterized by a separation of ownership and management powers or rights. This does not imply however that the separation was a clear one. Like contemporary uncertainties surrounding the division of ownership and management rights in state enterprises, late imperial institutions did not clearly define how a resource was to be managed. Generally such determinations must be made on a case by case basis.
Item Metadata
| Title |
Property concepts and institutions in China: does tradition abide?
|
| Creator | |
| Publisher |
University of British Columbia
|
| Date Issued |
1995
|
| Description |
The premise of this paper is that in order to understand contemporary
concepts and institutions of property in China one needs to be aware of the historical
approaches towards the ownership and management of resources and assets. Legal
institutions are a reflection of the ideological and material conditions of a society. The
persistence or reappearance of these conditions suggests that there may be some
similarities between traditional, primarily Confucian, and contemporary post-Maoist
property concepts and institutions. This paper explores the social, economic and
ideological basis of imperial era concepts of ownership and management of land
resources and investigates the interaction between state and society, or the official
and private spheres. The research here demonstrates that despite officially held
ideas of imperial land ownership, most land effectively was owned by actors within
the private sphere by at least the early to mid-Qing. Nevertheless, the concept of
ownership emphasized the community as opposed to the individual, and thus the
notion of private exclusive rights in resources such as land significantly was minimal.
Property institutions frequently resembled trusts or corporations, which were
characterized by a separation of ownership and management powers or rights. This
does not imply however that the separation was a clear one. Like contemporary
uncertainties surrounding the division of ownership and management rights in state
enterprises, late imperial institutions did not clearly define how a resource was to be
managed. Generally such determinations must be made on a case by case basis.
|
| Extent |
12662886 bytes
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| Genre | |
| Type | |
| File Format |
application/pdf
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| Language |
eng
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| Date Available |
2009-01-16
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| Provider |
Vancouver : University of British Columbia Library
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| Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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| DOI |
10.14288/1.0086743
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| URI | |
| Degree | |
| Program | |
| Affiliation | |
| Degree Grantor |
University of British Columbia
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| Graduation Date |
1995-05
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| Campus | |
| Scholarly Level |
Graduate
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| Aggregated Source Repository |
DSpace
|
Item Media
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Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.