- CNTV English - CCTV News

Top court rules on home demolition rights

04-10-2012 08:10 BJT

Courts can turn down government requests to demolish housing, if the compensation for residents is deemed unfair, the Supreme People's Court ruled on Monday.

The latest judicial interpretation by the country's top court, effective from Tuesday, supplements the existing regulation on urban home demolition, which was revised last year.

The interpretation specifies seven circumstances under which courts should reject government requests for forced relocation, including where the proposed compensation "violates the principle of fairness", where land acquisition has "severely violated the procedures provided by law", and where the basic living essentials of property owners are not ensured.

After requests have been approved by court, the interpretation said demolitions should "normally be carried out by administrative bodies", to distinguish judicial approval from law enforcement, according to a statement released by the court on Monday.

"Whether governments or courts are responsible for implementing forced demolition is exactly the issue being left out in current stipulations, and needs an urgent answer," said Wang Xixin, a law professor at Peking University.

The State Council's regulation on urban demolition and compensation, revised in January 2011, forbids local governments from executing their administrative right to demolish houses without residents' consent, unless approved by a court.

However, the ruling fails to specify which party is responsible for carrying out demolition after judicial approval.

Wang said that the latest interpretation "adds another layer of protection" for owners and residents of homes earmarked for demolition, as it put the decision in the court's hands.

"If you let government play the role of both decision-maker and executive body at the same time, misjudgment and demolitions that turn violent can hardly be avoided," he said.

The interpretation also requires courts to give a ruling within 30 days of receiving a government's request to demolish property, and to notify the government within five days once the decision is made.

Rapid urbanization and rising demand for land has given way to more disputes, and who is responsible for carrying out demolition can be a thorny issue, said Ying Songnian, a law professor at China University of Political Science and Law.

"Surely no one is happy to take on that job," he said.

Existing laws, including the Administrative Coercion Law, the country's principal legislation regarding home demolition, have had little effect and "the interests involved are hard to balance", Ying said.

The judicial interpretation clarifying that administrative bodies were responsible for demolitions was a good thing, he said, as "it makes a judicial remedy possible" for property owners if the demolition is wrongly carried out.

Editor:Zhang Pengfei |Source: China Daily

Hot Videos view more

The celebrations are still continuing as the victorious coach, Joachim Loew, has been honored for his achievement in his hometown of Freiburg.
Germany coach Loew honored in hometown of Freiburg

Chinese men´s national team continued its preparations for next year´s Asian Cup, as they managed a one-all draw against visitors Jordan during a football friendly in Harbin, the capital city of Northeast China´s Heilongjiang Province.
China held to 1-1 draw by Jordan

The defending world champs came into the contest with a perfect 6-and-oh record, but they would be in for a tough first half before opening things up in the second.
USA beat Slovenia 119-76 in quarter-finals

Hot Stories more

UK authorities believe killer of James Foley is a British national

Across the UK the hunt is on for James Foley’s killer, who authorities believe is a British national. As Richard Bestic reports from London, Prime Minister David Cameron cut short his summer break to lead his government’s response.

Israeli war jets renews Gaza strike as truce talks stalled

Three Palestinians were killed and 40 others wounded in the intensive Israeli war jets´ airstrikes on the Gaza city on Tuesday night, shortly before an end of a 24-hour ceasefire in the Gaza Strip,

Missouri police arrest dozens after violent night

As the protests in the town of Ferguson, Missouri turned violent with police facing ´heavy gunfire´ from some ´criminal elements´, cops fired tear gas, stun grenades and arrested 31 demonstrators on Monday night.

Picture in news more

More Video News

Choose TV Program