China supports citizens suing government over land compensation

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IANS Beijing
Last Updated : Oct 27 2014 | 4:41 PM IST

China's top legislature aims to expand the people's right to sue the government if authorities fail to fulfil contracts signed over land issues.

According to a draft amendment to the Administrative Procedure Law issued Monday, courts will launch administrative proceedings if the government is sued for violating agreements on land and house compensation and commercial operations franchised by the government, Xinhua reported.

Acts of violence, including forceful demolition and self-immolation, have arisen during land conflicts in recent years.

On Oct 14, six people were killed during a land clash between a construction company and villagers in Jinning county of southwest China's Kunming city.

The municipal government said villagers kidnapped eight construction workers, raided a construction site and fought with workers by throwing self-made explosives into the crowd after disputes over land compensation.

The village head has been arrested for "taking bribes" and 16 other officials have been removed from their posts or suspended.

The courts should order authorities to follow contracts or give compensation for the breach if they are confirmed to have violated a contract, according to the draft revision.

Even if authorities have legitimate reasons to terminate contracts, they should offer compensation, the draft revision said, without detailing how to determine the amount of compensation.

The draft revision made it clear that heads of the charged administrations or officials involved in the cases should be present in court for trial.

Those who refuse to appear without legitimate reasons or leave the court during the trial without approval may face additional punishment.

Participants in lawsuits, including government staff, will be fined or detained if they "force" a plaintiff to withdraw the suit through illegal means such as threats or fraud, it said.

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First Published: Oct 27 2014 | 4:36 PM IST

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