CHINA’S
NEW CODE AIMS TO CURB LAND GRAB
Millions of hectares of rural land were taken away from farmers in the
past three decades and given to developers as China raced to urbanise, often
with little or no compensation in return
Land disputes trigger half of an estimated 1, 00,000 social protest in
China every year, making them the second leading cause for public unrest after
labour disputes
China’s first ever civil code approved by Parliament focuses on giving
judges greater independence and curbing the influence of local officials, but
the judiciary is still ultimately answerable to the Communist Party
The guidelines have narrowed the interpretation of “public interest” to
prevent abusive land grabs
It does not stipulate any punishments for those illegally expropriating
land or the rights of individual farmers to collective land, making it harder
for families to seek compensation
In China, lands can only be owned by the state or collective
organisations
Private individuals or businesses can only buy the right to use land for
up to 70 years
The civil code – for the first time – clarifies what will happen once a
home owner’s 70 – year usage rights expire
The law affirms that land – use rights for residential homes will be
automatically renewed after expiration but does not say whether owners need to
pay for renewals
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