Yesterday the Standing Committee of the National People's Congress (NPC), the country's top legislature, deliberated on a groundbreaking new law to curtail governmental power over home relocation and resident resettlement.

Across the nation widespread disputes have resulted when local governments forced private residents to give way to urban construction.

Because of the current legal situation, some governmental bodies have been lax in adopting proper procedures and have infringed upon the legal rights of residents, according to China Daily.

Given this, the draft prescribes that governmental staff should advise all concerned parties of their rights when adopting mandatory measures, and advanced notification will be required.

Governments are required not to misuse their powers and infringe upon the legal rights of citizens and organizations, the draft states.

Meanwhile, citizens and organizations will be granted the right to request re-examination, put forward litigation and seek compensation.

Ying Songnian, member of Committee of Internal and Judicial Affairs of NPC and director of the Law Department of National School of Administration, pointed out that government power should be further restricted. "I believe the law should have more specified prescriptions over governments' power in house relocation and resident resettlement," he said.

Ying advised that the law entrusts courts to approve administrative mandatory sanctions. "Governmental power will be better supervised if courts have the final say over administrative mandatory sanctions."

"Only a just procedure can guarantee a just administrative act and protect the legal rights of citizens," he said.

Any regulations that run contrary to the new law will be withdrawn, according to the draft.

(China Daily December 27, 2005)