Law to curb gov't power over house relocation
By Liu Li (China Daily)
Updated: 2005-12-27 06:08
Government power over house relocation and resident resettlement will be
restricted in the country's first administrative mandatory law.
The Standing Committee of the National People's Congress (NPC), the country's
top legislature, discussed drafts of the law for the first time yesterday.
A man works at a site of a demolished house.
Local governments have been quite active in bulldozing private residences to
pave the way for urban construction, resulting in widespread disputes across the
Because of the current legal situation, some government bodies have been lax
in adopting proper procedures and have infringed upon the legal rights of
residents, sources said.
Given this, the draft prescribed that governmental staff should tell parties
concerned all their rights when adopting mandatory measures, and advanced
warning will be required.
Governments are required not to misuse their powers and infringe upon
citizens' and organizations' legal rights, the draft said.
Meanwhile, citizens and organizations will be granted rights to ask for
re-examination, put forward litigation and seek compensation.
Ying Songnian, member of Committee of Internal and Judicial Affairs of NPC
and director of Law Department of National School of Administration told China
Daily that government power should be further restricted.
"I believe the law should have more specified prescriptions over governments'
power in house relocation and resident resettlement," he said.
Ying advised that the law entrusts courts to approve administrative mandatory
sanctions. "Governmental power will be better supervised if courts have the
final say over administrative mandatory sanctions."
"Only a just procedure can guarantee a just administrative act and protect
the legal rights of citizens," he said.
Any regulations that run against the new law will be withdrawn, according to