Compulsory Land Acquisition Reform in China : A Comparative Analysis with the United States and Australia

Abstract

The thesis investigates the adequacy of the current compulsory land acquisition regime in China. This issue has become one of the most researched topics in Chinese academic discourse for more than a decade. This thesis makes an original and significant contribution to the ongoing scholarly debate by offering a comparative review of the development of the Chinese compulsory land acquisition regime. As is the case with their Chinese counterparts, the tensions between public and private interests have generated considerate debate in the two Western countries chosen, leading to a significant body of recent case law and statutory reforms, as well as providing a large amount of empirical evidence about the effectiveness or otherwise of the reforms.

The thesis argues that China has largely developed an adequate land acquisition regime in recent years, which has the potential to achieve a proper balance between public interests and private property rights. In comparing the three selected regimes, the thesis analyses their respective approaches to the control of compulsory acquisition power and the payment of just compensation to appropriated landholders. The thesis offers a critical evaluation of the remaining deficiencies in the Chinese regime and recommendations for improvement drawing on the approaches developed in the United States and Australia. It is submitted that these recommendations will contribute to achieving a better balance between public and private interests in China’s compulsory acquisition regime.