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Folk version of collective land expropriation legislation proposal released: hearing procedures should be established
2019-11-26
The official regulations on collective land expropriation compensation have yet to appear, but a civil version of the legislative proposal for collective land expropriation has already been released. Yesterday, the "Legislative Proposal for Collective Land Expropriation Compensation Regulations," which gathered opinions from multiple experts, scholars, and the legal community, was submitted to the Legislative Affairs Office of the State Council by Beijing Shengyun Law Firm. The draft proposes establishing strict hearing procedures during the collective land expropriation process to protect the legitimate rights and interests of the farmers whose land is being expropriated.
The official collective land expropriation compensation regulations have yet to appear, but a civil version of the legislative proposal for collective land expropriation has already been released. Yesterday, the "Legislative Proposal for Collective Land Expropriation Compensation Regulations," which gathered opinions from multiple experts, scholars, and the legal community, was submitted to the Legislative Affairs Office of the State Council by Beijing Shengyun Law Firm. The draft proposes establishing strict hearing procedures during the collective land expropriation process to protect the legal rights and interests of the farmers whose land is being expropriated.
Wang Youyin, director of Beijing Shengyun Law Firm which sent out the proposal draft, said that their draft contains 55 articles, drafted with reference to typical issues encountered in actual cases. During the process of collecting opinions from many experts in law, sociology, and rural issues, everyone agreed that farmers' rights to be informed and to participate in collective land expropriation should be strengthened, allowing farmers to share more of the land value appreciation benefits.
During this year's Two Sessions, the formulation and introduction of regulations on rural collective land expropriation compensation were once again put on the agenda. Although the "Collective Land Expropriation Compensation Regulations" drafted by the Ministry of Land and Resources claim to be planned for release within the year, the legislative progress has not yet been publicly announced.
Civil Version Legislative Proposal
1
Hearings Should Be Held for Disputes Over Demolition Compensation
The draft proposal states that to protect the rights of those being expropriated to be informed and to participate, the land administrative departments of municipal and county-level people's governments must deliver a "Notice of Proposed Expropriation" before the collective land expropriation plan is legally approved; after making the expropriation decision, an expropriation announcement should be made. If farmers have objections to the compensation and resettlement plan, the land administrative departments of municipal and county-level people's governments should legally organize hearings and modify the plan accordingly. The final plan must be approved by more than two-thirds of the households in the collective economic organization and those households must account for more than two-thirds of the area of the land being expropriated in this instance.
2
Clarify Six Public Interest Categories
In response to some local governments expropriating collective land for commercial development under the guise of "public interest," the draft proposal explicitly lists six situations that fall under the category of public interest. First, needs related to national defense and diplomacy; second, needs for infrastructure construction such as energy, transportation, and water conservancy organized by the government; third, needs for public undertakings such as science, education, culture, and health organized by the government; fourth, needs for the construction of affordable housing projects organized by the government; fifth, needs for concentrated reconstruction of dangerous buildings and similar projects; sixth, other public interest needs stipulated by laws and administrative regulations.
3
70% of Compensation Fees Belong to the Expropriated
Wang Youyin said that one reason illegal land expropriation persists is the huge economic profit margin, from which local governments can benefit. To eliminate the profiteering space of local governments, the draft proposal suggests linking land compensation fees to the land transfer price. After deducting necessary costs for expropriation and auction, the land transfer fees should be returned by the local people's government to the original village collective of the expropriated land for distribution. At the same time, 30% of the land compensation fees belong to the village collective, and 70% belong to the expropriated individuals.
4
Accountability Should Be Pursued for Improper Conduct by Public Security Organs
In recent years, violent demolitions causing personal injuries and deaths have occurred frequently. The draft proposal specifically clarifies the responsibilities of public security organs during the demolition process, stipulating that local public security organs are legally responsible for protecting citizens' personal and property rights. They must promptly stop any illegal forced relocation of expropriated persons and investigate and hold accountable those responsible. If public security organs neglect their duties, the affected rights holders may apply for administrative reconsideration or file administrative lawsuits according to law. If losses are caused by the negligence of public security organs, they shall bear compensation liability according to law.
