Regulations for Land and Resource Hearings
Regulations for Land and Resource Hearings
Regulations for Land and Resource Hearings
January 9, 2004
Chapter I General Provisions
Article 1 With the goal of normalizing the management of land and resources, promoting the lawful administration thereof, enhancing the rational and democratic basis for land and resource administration, and protecting the legitimate rights and interests of citizens, legal persons, and other organizations, the present Regulations are formulated in accordance with relevant laws and regulations.
Article 2 These Regulations shall apply when the land and resource administration departments of the people's governments at the county level or above (hereinafter referred to as competent authorities) convene hearings within their authority to do so or at the request of concerned parties.
Article 3 A hearing may be convened by the competent authority when a decision regarding administrative penalties or administrative licensing is to be made, rules and standards are to be drafted, or matters that need to be reported to the government for approval are to be implemented.
Pursuant to these Regulations, the specific legal institution in charge of hearing affairs shall be the hearing body, however with respect to the implementation of an matter that needs to be reported to the government for approval, the entity in charge of said matter may be the hearing body.
Matters that need to be reported to the government for approval refer to the items that come into effect only upon approval of the people' s government at the corresponding level, but the primary implementation of which is carried out by competent authorities; such matters include the fixing or adjusting of the base land price, formulation or modification of the comprehensive plan for land utilization or the plan for the use of mineral resources, fixing or adjusting the compensation rate for regional land takeover, drafting of compensation and resettlement plans for the projects that will take over land for government use, and drafting of plans for non-agricultural construction on base farmland, etc.
Article 4 Competent authorities shall, when convening a hearing, observe principles of openness, fairness, justice, and expediency, fully soliciting opinions from citizens, legal persons, and other organizations, ensuring their right to express their opinions, to cross examine the evidence, and to put forth their arguments.
Except in the case where state secrets are involved, hearings convened by authority of the competent authorities shall be open to the public and subject to public supervision. A hearing convened by a concerned party shall be held publicly except in the case where state secrets, business secrets, or personal privacy is involved.
Article 5 With regards to a matter for which a hearing should be convened pursuant to relevant laws, regulations, or rules, if the party concerned relinquishes their right to hearing or an immediate decision is required as a result of urgent circumstances, the competent authority shall not convene a hearing.
Chapter II General Rules for Hearings
Article 6 Participants in a hearing shall include the designees of the body in charge of the hearing, the hearing representatives, the concerned party or parties and any agents thereof, general witnesses, expert witnesses, translators, etc.
Article 7 As a general principle, hearings shall be convened by a single hearing officer; when necessary, 3 or 5 hearing officers may convene a hearing. The hearing officers shall be designated by the competent authority.
A presiding officer shall be chosen from among the hearing officers; the presiding officer must hold a position of authority in either the body in charge of the hearing or legal entity in charge of the matter in question.
A hearing clerk shall be designated by the presiding officer; the clerk shall take charge of the specific preparations for the hearing and recordkeeping during the hearing.
The specific individuals in charge of the matter for which the hearing is being held shall not hold the posts of hearing officer or clerk, except in the case when the matter is such that the hearing may be convened by the entity in charge of said matter.
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