Legal information

When encountering expropriation and demolition in rural areas, the most worrying thing for villagers is whether the land compensation money will be withheld by the village committee. In fact, there are indeed many cases where the land compensation money is withheld by the village committee. In some cases, as much as hundreds of millions of compensation funds are retained by the village as village retention, and a monthly subsidy of several hundred yuan is given to each villager. Many people are confused about this, whether the village committee can withhold the land compensation money? What should I do if I am detained by the village committee?

When land compensation is withheld by the village committee, the demolished persons can safeguard their legitimate rights and interests by applying for village affairs disclosure. The management method for the use of land compensation should be determined by voting by members of the expropriated collective economic organization or village committee.

The income and expenditure shall be announced at least once every six months and shall be subject to supervision by members of the collective economic organization or villagers. Any unit or individual is prohibited from intercepting, misappropriating, embezzling or using compensation funds in other illegal forms. Article 30 of the "Organic Law of Villagers' Committees of the People's Republic of China" stipulates that if a villagers' committee fails to announce matters that should be announced in a timely manner or the matters announced are untrue.

Villagers have the right to report the matter to the people's government at the township or county level and its relevant competent departments. The relevant people's government or competent department shall be responsible for investigation and verification and order it to be announced in accordance with the law. Relevant personnel who are found to have committed illegal acts shall bear legal liability in accordance with the law.

According to relevant laws and regulations, the proportion of land acquisition compensation that should be paid to the expropriated people cannot be less than 70%. Some local village committees only retain 20%. This ratio is within the scope permitted by law. If the village retains more than this ratio, it will obviously infringe on the legitimate rights and interests of the expropriated people.

Some village committees retain all land acquisition compensation funds in the village committee, and plan another piece of cultivated land with the same area and more stringent conditions for the land-expropriated farmers. This kind of replacement expropriation is also eligible, but the compensation revenue and expenditure left in the village still needs to be supervised by all villagers, and legal responsibility must be pursued for corruption, embezzlement and other behaviors.