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Abstract
Due to China’s rapid urbanization, the growing presence of land-lost farmers in land acquisition and resettlement (LAR) cases has led to major practical and academic concerns. However, few studies have focused on administration policy restrictions and how they affect land-lost farmers in Chinese courts for land resources. Based on the quantitative analysis and case studies involving 2,242 administrative LAR cases, this interdisciplinary work examines how administrative bureaucracy affects public departments’ ability to win in court. The findings of this study are twofold. First, in the relationship of Tiao, public departments at the top of the hierarchy can use administration policies to screen conflicts, which can increase the win rate of LAR cases. Second, in the relationship of Kuai, authorities’ relationships limit the investment in administration policies, which in turn decide the utility of administration policies in LAR cases. The findings can facilitate the implementation of appropriate administrative and judicial measures in different departments to promote land-lost farmers.
Highlights
China’s rapid urbanization is attracting increasing attention worldwide
This process has generated a large number of land acquisition and resettlement (LAR) conflicts between public administration policy and land-lost farmers (Bao et al, 2018)
In a document review based on content analysis, we found two common policies used by local governments: alternative dispute resolution (ADR) and employment of experts
Summary
According to the 13th Five-Year Plan, 60% of China’s population will live in cities by 2020 and that figure will later increase to 70% (Pan & Wei, 2015; Wu et al, 2017). This process has generated a large number of land acquisition and resettlement (LAR) conflicts between public administration policy and land-lost farmers (Bao et al, 2018). Through LAR, the Chinese government can increase its profits in the land market by bypassing complex and inefficient legal procedures. Chinese farmers fear and resist LAR because it triggers losses of employment opportunities, income, and social welfare, and this resistance has led to LAR-related urbanization conflicts (Bao et al, 2018)
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