Citation:
Liang GUO. The Order outside of the Law: “Habitual Interests” in Land and Its Governance[J]. Academic Monthly, 2022, 54(7): 107-116.
The Order outside of the Law: “Habitual Interests” in Land and Its Governance
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Abstract
The habitual interests of land is an illegal one, but is supported by the social system. The habitual interests are originated chiefly from three factors, i.e., the habitual cognition of the interests parties, the tacit consent of the other interests parties, and the state power intervention. Under the “illusion of property rights”, the interests parties have occupied servitude and revenue of the land in a long run. However, with time passing, the quantity of interests of the interests parties, on the one hand, is continuously increased, and the interests, on the other hand, negatively influenced the realization of the other parties’ interests. Therefore, the consensus around habitual interests is gradually dismissing, resulting in the increasingly urgent wish to break this illegal habit for interests of the other interests parties, and to bring about a great many clashes. In order to avoid the possible social clashes, the state must timely build up a legal order of land interests through an active power intervention.
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