The Norm of Property’s Social Function: A Chinese Perspective

Abstract

Duguit argued that property must evolve to mean that property rights should have social functions. But he was decidedly ambiguous on what specifically ‘social functions’ demand. This chapter aims to investigate how the ‘social function’ of property may influence other regulations and provisions in the current Chinese context. To this end, this chapter shall broach four topics—the constitutional property clause, rural land reform, social capital’s role in an efficient operation of homeowners’ associations, and limitations on copyright—illustrative of how the social function of property is applied in contemporary China.