Eminent Domain in Chinese Courts: An Empirical Study

Professor Qiao, Shitong   (Principal Investigator (PI))

36

2019-01-01

450653

Eminent Domain in Chinese Courts: An Empirical Study

Chinese Courts, Eminent Domain, Property Rights, Rule of Law

Law

Humanities & Social Sciences (H)

17612618

General Research Fund (GRF)

2018

Completed

1) To paint a full picture of how Chinese courts adjudicate eminent domain cases by utilizing the most comprehensive and authoritative data ever available, and to examine how different social and legal factors shape the court decisions in eminent domain; 2) To demystify the independent judiciary thesis and to test a more context-specific approach to understanding court behaviours, and to develop a theory of eminent domain exploring the proper boundary between administrative power and judicial power and a proper role for different levels of court to play; 3) To build a theoretical model for understanding institutional behaviours of different levels of Chinese courts, and to examine the role of different levels of courts in China in adjudicating eminent domain cases. In particular, to address the similarities and differences among the adjudications of different levels of courts; 4 To formulate a research report on how to improve Chinese judicial practices related to eminent domain. 5 To understand the labor division and relationship between courts and local governments in striking a balance between protecting property rights and achieving other social and economic goals involving reallocation of property rights. 6 To generate a dataset on eminent domain in Chinese courts that the academic community including scholars of property rights, courts and China studies can utilize. 7 To publish two articles and the first book on eminent domain in China that combines both comprehensive statistical analysis and qualitative research.