Professor Sun Xianzhong: Public Hearing Should Be Introduced into the Procedure for the Determination of Public Interest

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On November 27, 2016, the CPC Central Committee and the State Council jointly issued the Opinions on Improving Property Rights Protection System and Protecting Property Rights in Accordance with Law. Notably, the Opinions have given explanations to and made arrangements for issues relating to land and housing properties, and clearly pointed out the need to study the legal arrangements for the use of land for housing construction after the expiration of land use right and elaborating on and standardize the legal power of and procedure for the appropriation of land and giving farmers more property rights. Recently, the website of the newspaper Legal Daily (www.legaldaily.com.cn/) interviewed a number of prominent legal experts in the fields of property law and land law from various universities and research institutions in China, including Professor Sun Xianzhong, a research fellow at CASS Law Institute, on this new development. In the interviews, the experts expressed their opinions and put forward suggestions on issues involved in the Opinions, such as what will happen after the expiration of the 70-year time period of the right to the land for housing construction? How to solve the conflicts resulting from land appropriation and demolition of housing and resettlement of residents? And how to protect formers’ rights and interests relating to homestead? Professor Sun Xianzhong suggested that public hearing be introduced into the procedure for the determination of public interest. The hearing should be participated by the government, representatives of stakeholders and independent experts. The government organs and other advantaged beneficiaries of a construction project must bear the burden of proof if they claim that the project is for the public interest.