Das Eigentumsrecht in Deutschland und der VR China

In 2004 China has adopted a new provision on the constitutional protection of property, followed by several implementing laws and regulations. From this and from a stated increasing development of capitalist structures and corresponding legislative activity one may infer that China endorses the principle of rule of law. Yet, how does “China” perceive these notions of rule of law and protection of property? In this dissertation, the author addresses these issues by comparing the distinct Chinese and German legal regimes of property. He emphasises the significance of cultural contexts and underlying socio-political structures that coin the property system and legal thinking of an entity by elucidating the respective historical underpinnings as well as aspects of legal philosophy and constitutional doctrine. The author goes beyond a mere legal comparison and assessment of the status quo, in that he evaluates whether specific notions of the German constitution may pave the way for a sound development of Chinese property law.