NPC supports citizens suing gov’t over land compensation

China’s top legislature aims to expand the people’s right to sue the government if authorities fail to fulfill contracts signed with citizens over land issues.
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, according to a draft amendment to the Administrative Procedure Law submitted yesterday to the Standing Committee of the National People’s Congress for a third reading.
Acts of violence including forceful demolition and self-immolation have arisen during land conflicts in recent years.
On Oct. 14, six were killed during a land clash between a construction company and villagers in Jinning County in 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 was arrested for “taking bribes” and another 16 officials were 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 at court for trial. Those who refuse to appear without legitimate reasons or leave the court during the trial without approval may face additional punishment.
Currently most defendants ask their lawyers or other staff to represent them in court.
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.
Legislators suggested the draft revision be passed at the close of the session, which is scheduled to run until Saturday. Xinhua