The design of a four-phase participation framework in expropriation and its adoption in China

Abstract

In China, the lack of participation of the affected people is obvious throughout the whole expropriation process. This primarily concerns the expropriation of rural collective land. The deficiency in the legislation on expropriation and the urgent need for an effective participation of the affected people in practice require new perspectives in the design of a well-governed expropriation procedure. In this research, based on the current international documents on good governance of land tenure, a four-phase participation framework in land expropriation is proposed. Although certain elements in this framework have been included in the expropriation concerning state-owned land, the four-phase participation is still absent. Through introducing the key elements of this international framework, a full and effective participation in expropriation is expected to be established in China.