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Law may give bulldozer clout to judges, not chiefs
Source: Xinhua |
December 16, 2010, Thursday
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Print Edition
Print Edition
CHINA might strip local governments of power to forcibly relocate residents and instead rely on courts to make the critical decisions after hearing and considering the concerns of residents, officials and developers.
Forced demolitions has caused an uproar and even bloody conflicts around China as officials try to condemn and seize residential property (the state actually owns all land) for lucrative urban development projects.
The legal revision limiting government power was written into the draft regulations on expropriation of houses on state-owned land and relevant compensation, which were sent to experts for discussion in November, said Shen Kui from Peking University Law School.
But the revision has yet to be approved by the Legislative Affairs Office of the State Council (LAOSC), Shen said. The office issued the first draft regulations in January for public submissions.
The draft was expected to replace the existing controversial rules that took effect in 2001 - the Regulations on Administration of Housing Demolition and Relocation in Cities.
According to the regulations, local governments can order the demolition of homes if residents do not agree to vacate premises by a set date.
In 2007, the National People's Congress (NPC), China's parliament, adopted the Property Rights Law, granting equal protection to public and private properties.
Since then, according to the Amended Law on the Administration of Urban Real Estate - which stresses the legal rights of property holders in expropriation procedures - the Legislative Affairs Office of the State Council has the right to revise the demolition regulations.
On December 7, 2009, five professors from Peking University including Shen said in an open letter to the NPC that the demolition regulations are unconstitutional and violate the Property Rights Law. The State Council's legislative affairs office then invited the professors to discuss the draft regulations.
The first draft had restricted government power in demolition by spelling out the conditions, due process and compensation to be paid for expropriating houses for public use. The latest draft made it clear the government should not execute its expropriation decisions by force without court approval, Shen said.
Forced demolition of houses is a hot topic in China, where urban development has made relocation of households a common phenomenon. Demolitions and threatened demolitions have led to confrontations and even violent incidents resulting in death and injury.
On September 10, three residents set themselves on fire in a protest against local government pressure to sell their home so it could be demolished to make way for a bus station in Yihuang County, Jiangxi Province.
Courting power
One died and the other two were severely burned. As a result, eight officials were removed from their posts or placed under investigation.
Experts believe violent incidents may be reduced by limiting local government's powers to order demolition, if courts could determine whether it is necessary to demolish by force.
Courts could also monitor demolition procedures, which may prevent violence abuse, said Jiang Ming'an, another professor from Peking University's Law School who took part in the discussion.
With court oversight, the government will try harder to reach agreement on compensation issues, which have long been at the core of relocation disputes in China, where land is owned by the state, Jiang said.
According to the draft, compensation should be offered to owners before expropriation of their houses built on state-owned land, and should not be less than the market prices of similar houses.
The experts welcomed the parts of the first draft regulations that forbid the use of violence, coercion and other illegal measures - such as cutting off water and power supplies - during demolition proceedings. They also suggested that those who use violence during demolitions should be prosecuted, Shen said.
Shen, who had taken part in four discussions, said the latest revision to draft regulations is still under discussion.
Forced demolitions has caused an uproar and even bloody conflicts around China as officials try to condemn and seize residential property (the state actually owns all land) for lucrative urban development projects.
The legal revision limiting government power was written into the draft regulations on expropriation of houses on state-owned land and relevant compensation, which were sent to experts for discussion in November, said Shen Kui from Peking University Law School.
But the revision has yet to be approved by the Legislative Affairs Office of the State Council (LAOSC), Shen said. The office issued the first draft regulations in January for public submissions.
The draft was expected to replace the existing controversial rules that took effect in 2001 - the Regulations on Administration of Housing Demolition and Relocation in Cities.
According to the regulations, local governments can order the demolition of homes if residents do not agree to vacate premises by a set date.
In 2007, the National People's Congress (NPC), China's parliament, adopted the Property Rights Law, granting equal protection to public and private properties.
Since then, according to the Amended Law on the Administration of Urban Real Estate - which stresses the legal rights of property holders in expropriation procedures - the Legislative Affairs Office of the State Council has the right to revise the demolition regulations.
On December 7, 2009, five professors from Peking University including Shen said in an open letter to the NPC that the demolition regulations are unconstitutional and violate the Property Rights Law. The State Council's legislative affairs office then invited the professors to discuss the draft regulations.
The first draft had restricted government power in demolition by spelling out the conditions, due process and compensation to be paid for expropriating houses for public use. The latest draft made it clear the government should not execute its expropriation decisions by force without court approval, Shen said.
Forced demolition of houses is a hot topic in China, where urban development has made relocation of households a common phenomenon. Demolitions and threatened demolitions have led to confrontations and even violent incidents resulting in death and injury.
On September 10, three residents set themselves on fire in a protest against local government pressure to sell their home so it could be demolished to make way for a bus station in Yihuang County, Jiangxi Province.
Courting power
One died and the other two were severely burned. As a result, eight officials were removed from their posts or placed under investigation.
Experts believe violent incidents may be reduced by limiting local government's powers to order demolition, if courts could determine whether it is necessary to demolish by force.
Courts could also monitor demolition procedures, which may prevent violence abuse, said Jiang Ming'an, another professor from Peking University's Law School who took part in the discussion.
With court oversight, the government will try harder to reach agreement on compensation issues, which have long been at the core of relocation disputes in China, where land is owned by the state, Jiang said.
According to the draft, compensation should be offered to owners before expropriation of their houses built on state-owned land, and should not be less than the market prices of similar houses.
The experts welcomed the parts of the first draft regulations that forbid the use of violence, coercion and other illegal measures - such as cutting off water and power supplies - during demolition proceedings. They also suggested that those who use violence during demolitions should be prosecuted, Shen said.
Shen, who had taken part in four discussions, said the latest revision to draft regulations is still under discussion.
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