Property and (Extra)legality in Uneven Development in Post-Mao China: A Scaled Analysis

This article examines an important and timely question on the relationship between property, (extra)legality, and development in post-Mao China. In the post-Mao era mass rural-urban migration and rapid urban expansion have been eroding the geographical and administrative boundaries between urban and rural areas, giving rise to extralegal property. Extralegal property in this article refers to legitimate claims to land and housing that are not against state law but are also not recognised by state law as formal property rights. The legitimacy of this kind of extralegal property is based on long-term use of the land and housing, which has not yet evolved into customary or indigenous tenure. This article develops a scaled analysis that looks beyond the scope of state law, paying attention to diversity in property, and examines development as an uneven process. The key components of the new analytical framework include diversity in property in various communal networks; (extra)legality and the ways it is defined and interpreted in state law, judicial decisions, development policies, and community norms; and uneven development. The findings will provide insights for post-Mao China and other countries, especially developing and transition countries moving towards a market economy, to rethink the relationship between property, legality, and development when searching for a more sustainable approach to development.