广播听力: Loopholes for China's New House Expropriation Rules

China's Legislative Affairs Office of the State Council has made public a draft regulation on expropriation of houses and relevant compensation to solicit public opinion.

Law experts indicate that while enforcement remains an issue, loopholes also remain in the draft. Yunfeng reports.



The draft spells out the conditions, due process and compensation of expropriation intended for the public interest, such as national defense, key national projects of energy, transportation and education.

Zhou Hanhua, a researcher with the Institute of Law at the Chinese Academy of Social Sciences, says the definition of public interest in the regulation is the tricky part, as it is in drafting laws worldwide.

Reading through the text, Zhou Hanhua says while the attempt to define "public interest" is commendable, the definition still has loopholes in enforcement by either enlarging or over-restricting public use.

"One of the controversies is the demolishment of those dangerous and old buildings that need to be upgraded. It may enlarge the coverage of public interest. Meanwhile, the definition is also limited. It fails to cover the projects that qualify for public use, like the development of Central Business Districts in cities."

Zhou Hanhua indicates that the public interest is a changing notion, which evolves with social conditions.

He cites the US case of Kelo vs. City of New London as an example, which was decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development. The court held that if an economic project creates new jobs, increases tax and other city revenues, and revitalizes a depressed urban area, then the project qualifies as a public use.

Zhou Hanhua also warns that loopholes in the draft would lead to property seizures for reasons that don't involve public interests.

In particular, he highlights the problem surrounding the demolition of dangerous and old buildings, which has long been an acute conflict between small homeowners and local governments.

"Some local governments demolish those houses for the interests of transferring land use rights, or renovating the city to show their achievements in office. It is likely that they will take advantage of the regulation, which may legalize the requisition for non-public use under the name of public interest."

He therefore suggests it should be ruled by an impartial third party when disputes arise over the relocation proposal.(www.hXen.com)

"In the draft regulation, it authorizes the government at higher-levels to make the ruling instead of the courts. So I think it's a malfunction in this regard."

The public is invited to comment on the draft regulation at any time before February 12th via online postings, email or letters.

Yunfeng, CRI news.