Legal information

Land expropriation is related to the conflict and balance of interests of the country, collectives and individuals, and has a profound impact on society. If it is not handled well, it will cause mass incidents and have an incalculable impact on social stability. Therefore, when it comes to resolving land acquisition and demolition disputes, we must not only rely on litigation, but also pay attention to the coordination and adjudication system of land acquisition, compensation and resettlement disputes to guide the land-expropriated people to harmoniously resolve land acquisition conflicts through legal channels.

The coordination system is based on land management laws, regulations, rules and relevant policies of the national and provincial people's governments. It mainly reviews the legality of the land acquisition compensation plan and implementation process determined by the municipal and county people's governments, while also taking into account the rationality review. The coordination principle must implement the principle of putting coordination first and focusing on coordination. Cases without coordination cannot be adjudicated. Even if the adjudication authority accepts the application for adjudication, it should organize coordination first. The coordination opinion letter will become legally effective after being signed and agreed by both parties; when the coordination fails to reach a consistent opinion, the adjudication will be carried out in accordance with the law. The establishment of this system is mainly reflected in the following normative documents:

Paragraph 3 of Article 25 of the "Regulations on the Implementation of the Land Management Law of the People's Republic of China" (implemented on January 1, 1999) stipulates: "If there is a dispute over the compensation standard, it shall be coordinated by the local people's government at or above the county level; if coordination fails, the people's government that approved the land expropriation shall make a ruling. Disputes over land acquisition compensation and resettlement will not affect the implementation of the land expropriation plan."

Paragraph 1 of Article 15 of the Ministry of Land and Resources' "Land Acquisition Announcement Measures" (implemented on January 1, 2002) stipulates: "If a dispute arises due to failure to carry out compensation or resettlement in accordance with the land acquisition plan and land acquisition compensation and resettlement plan approved in accordance with the law, the municipal or county people's government shall coordinate. If coordination fails, the local people's government at the next higher level shall make a ruling."

In 2004, the "Decision of the State Council on Deepening Reform and Strict Land Management" (Guofa [2004] No. 28) also proposed to "accelerate the establishment and improvement of the coordination and adjudication mechanism for land acquisition, compensation and resettlement disputes, and safeguard the legitimate rights and interests of land-expropriated farmers and land users."

The Ministry of Land and Resources' "Notice on Accelerating the Promotion of the Coordinated Adjudication System for Land Acquisition, Compensation and Resettlement Disputes" (Landou Zifa [2006] No. 133) further stipulates the basic content of the coordinated adjudication system for land acquisition, compensation and resettlement disputes, including the basic principles of the coordinated adjudication system for land acquisition, compensation and resettlement disputes, the scope of coordination and adjudication, the basis and content of coordination, coordination and adjudication procedures, coordination and adjudication mechanisms, etc. It also requires all provincial departments to actively communicate and coordinate with local governments, strive for the support of the provincial government, and establish this system as soon as possible. It also proposes to implement this system and requires all provinces to formulate a "Measures for the Resolution of Land Acquisition Compensation and Resettlement Disputes" before the end of 2006.

It can be seen that the coordination and adjudication system for land acquisition, compensation and resettlement disputes is a special system established by the "Land Management Law Implementation Regulations" to resolve land acquisition compensation and resettlement disputes. According to the provisions of Article 25, paragraph 3, of the "Land Management Law Implementation Regulations", collective economic organizations and farmers have the following rights to land acquisition compensation and resettlement plans. Rights: the right to put forward opinions when the proposed resettlement compensation plan is announced, the right to seek relief after the resettlement compensation plan is approved and announced, and if there is a dispute over the resettlement compensation rate, coordination can be made with the government at or above the county level first. If coordination fails, the people's government that approved the land acquisition will make a ruling. The ruling does not review the legality of land acquisition approved in accordance with the law, and does not replace administrative reconsideration and litigation. Those who are not satisfied with the ruling can also file administrative reconsideration or administrative litigation.

Although there are still many gaps in the resolution of land acquisition and demolition disputes, the establishment of a coordinated adjudication system does play an important role in harmoniously resolving land acquisition and demolition conflicts. Specific to the handling of actual cases, both the land acquisition and demolition parties and we, as the land-expropriated, should actively and flexibly use this system under the framework of the government to successfully resolve land acquisition, compensation and resettlement matters in a timely manner.