Authors: Research Group led by Professor Huang Hui, Peking University School of Transnational Law
Abstract
As China’s economic development shifts from a phase of high-speed growth to high-quality development, urban regeneration has become an imperative undertaking. Nevertheless, numerous land property right disputes arising in practice frequently stall urban regeneration projects. This is merely a typical problem stemming from China’s dual land system. Given the significance and complexity of land-related matters, resolving relevant disputes often requires coordinated efforts across multiple institutional frameworks and government departments. Establishing dedicated divisions or tribunals within courts to handle land disputes represents a viable policy direction. Internationally, certain jurisdictions have set up specialised land courts or land tribunals to deliver targeted, professional resolutions for land-related conflicts. Domestically, China also boasts precedents of specialised courts established to concentrate jurisdiction over emerging or unique categories of disputes, including financial courts, intellectual property courts and internet courts. This research report collects and summarises typical international cases of dedicated land courts and tribunals, while reviewing domestic experience with specialised courts. It intends to offer preliminary references for the proposal of establishing specialised land courts or tribunals in China, and support judicial authorities in better resolving urban regeneration conflicts as well as a broader range of intricate land disputes.
Keywords: urban regeneration; land disputes; land registration system; land court (tribunal); specialised court
*Research Group Members (Sorted by Pinyin Initials): Han Xumei, Hou Sumin, Liu Xuanxi, Zhang Huijun.
This research report is an output of the Center for Regional and Comparative Law, Peking University Shenzhen Graduate School, a Key Humanities and Social Science Research Base of Shenzhen. It receives research funding support from the Peking University–Lincoln Institute Center for Urban Development and Land Policy.
