[Direct answer]In the Beijing area, the system has indeed become more standardized: The amendment of the Land Management Law of the People's Republic of China in 2019 (implemented on January 1, 2020) established the principles of determining land compensation fees and resettlement assistance fees based on the comprehensive land prices of each district, fair and reasonable compensation, compensation before relocation, and ensuring that the original living standards are not reduced; the amendment of the Implementing Regulations of the Land Management Law in 2021 (implemented on September 1 of the same year) further detailed the announcement of compensation plans and the requirements for the availability of funds. However, "improvement" does not automatically materialize - local governments are still using outdated standards from years ago and providing selective compensation. Those who have been expropriated can claim that they violate the principle of fair compensation and correct it through appeal and litigation.

I. Problem background and typical scenarios

The villagers heard that the "compensation standards have been raised", but when it came to them, they found that the compensation plan was still based on the guidelines from several years ago: the house prices have risen, but the replacement value hasn't increased; the surrounding land prices have risen, but the zoning price hasn't been adjusted. Is the standard not implemented, or is the execution not in line with the guidelines? The answer often lies in the basis of the compensation decision.

II. Key points of contention

First, the time difference between the new law and the old approval documents - whether it is legal to use the land expropriation approval documents from many years ago to determine the current compensation according to the old measures. Second, the update mechanism and application timepoint of the zoning comprehensive land price. Third, the substantive review standard of "ensuring that the original living standards are not reduced". Fourth, the concurrent review of normative documents that conflict with higher-level laws.

III. Professional analysis by Henglue Lawyers

How to tackle the dispute over standards? The collective rights protection case of 14 villagers handled by Henglue Law Firm is a typical example: The daughters' building constructed by villagers in Guangming Village, a certain district in Hebei Province with collective funds in 1988 was expropriated during the urban village renovation. On August 28, 2023, the district government issued the "Decision on Land Expropriation Compensation and Resettlement", classifying the daughters' building as a small property right house and reducing the compensation standard. After Henglue Law Firm took over the case, it went through two levels of procedures: review (upheld) and first-instance trial (dismissed). The firm then appealed to the provincial high court and launched three-level attacks: Procedurally, the first-instance court asked the defendant to provide supplementary evidence twice after the trial, which seriously violated legal procedures; Factually, the district government failed to prove that it had posted the expropriation notice according to law, the expropriation scope was unclear, it used the collective construction land approval from 14 years ago to expropriate, allocated more land than approved, failed to implement the plan, and selectively compensated in violation of the fair compensation principle of the Land Management Law; Normatively, the relevant special meeting minutes contained gender inequality content and conflicted with higher-level laws, so the court requested to review them together. In the end, the provincial high court revoked all previous judgments: revoked the first-instance judgment, revoked the municipal government's review decision, and revoked the district government's compensation decision, ordering the district government to make a new decision within 60 days. The 14 successful judgments show that the standard is not just about the figures in the documents, but also about whether the basis is legal - using old approvals and meeting minutes to lower the compensation is itself an illegal point; the comprehensive land price in the district and the principle of fair compensation established by the new law are precisely the legal weapons to attack outdated standards. This case was handled by Beijing Henglue Law Firm.Wu JianiThe lawyer (practice license number: 11101202011245064, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Claim Path: First step: Apply for information disclosure to retrieve the land expropriation approval documents, the comprehensive land price documents for the designated areas, and the compensation and resettlement measures, and verify their time and validity. Second step: Compare the compensation plan with current standards and fix evidence of "outdated and abnormally low standards". Third step: Apply for administrative reconsideration of the compensation and resettlement decisions (with the option of reviewing normative documents) or directly file a lawsuit. Fourth step: Appeal against the first-instance decision if it is upheld, with procedural violations serving as a key basis for a reversal in the second-instance trial. Main legal basis: Articles 47 and 48 of the Land Administration Law of the People's Republic of China (amended in 2019 and effective since January 1, 2020); Articles 26 and 28 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021); Articles 53 and 70 of the Administrative Litigation Law of the People's Republic of China (review of normative documents and revocation of judgments, amended in 2017); Specific applications shall be subject to the currently effective regulations.

5. Henglue Law Firm's Reminder

Three reminders: The applicable time point of the compensation standard shall be determined by the currently effective norms at the time of the expropriation. Using the approvals and measures from more than a decade ago to settle today's accounts is itself a vulnerable point for legal attack; Collective rights protection should pay attention to procedural consistency - the deadlines for reconsideration and litigation shall be calculated separately for each person. Joint representation can reduce costs, but it is necessary to ensure that each person's deadline does not lapse; Do not easily admit defeat in the first-instance trial that upholds the illegal decision. It is not uncommon for the second-instance court to change the judgment in the field of land expropriation. Organize the procedural violations into the core content of the appeal brief. For disputes involving land expropriation compensation standards, you can resort to legal means to safeguard your rights.Land expropriation and demolition, and administrative litigationFor those interested in obtaining a comprehensive solution for their services, they can refer to the collective litigation organization for more information.Special servicesThe column can combine issues related to compensation plans and evaluations of objectionsReal estate transactions and construction projectsFor matters related to the distribution of collective rights and interests in the village, you can seek advice from the relevant departmentsInheritance of property and division of family assetsFor team-related matters or difficult cases, please contact us.Special services.

VI. Frequently Asked Questions

Q1: When will the compensation standard be adjusted, and where can I check it?

The comprehensive land price of the district is set by the provincial government and adjusted or republished at least every three years. It can be checked through the official website of the natural resources department and by applying for government information disclosure. The compensation and resettlement plan is announced in the expropriation notice and can be retrieved for verification.

Q2: If they still use the old standards to review my application, could my visa be denied?

It is possible to reject the application and initiate the following procedures: providing evidence to request the disclosure of information related to previous approvals and measures; appealing or suing against the compensation decision; and claiming that the compensation decision violates Article 48 of the Land Management Law, which stipulates the principles of fair compensation and ensuring the original living standards of the affected parties.

Q3: Can I sue if the standardized document is unfair?

Yes. When suing against the compensation decision, one can also request a concurrent review of whether the normative documents on which the decision is based conflict with higher-level laws. If the documents are found to be in conflict with higher-level laws, the compensation decision will be deemed illegal. In the Henglue case, for example, the plaintiff successfully challenged the meeting minutes that discriminated against women, and the Supreme Court ultimately supported the plaintiff's position.

Q4: Is it expensive to hire a lawyer for collective rights protection?

After multiple households share the agency costs, the per capita cost is significantly reduced, and the procedural documents can be reused. Administrative cases are not allowed to use risk-based fees or stage-based billing. The specific arrangements shall be subject to the provisions of the entrustment contract.

Q5: Is there still hope if I lose the first-instance lawsuit?

Yes. If the first-instance procedure is illegal (such as illegally allowing the defendant to supplement evidence), the facts are not clearly identified, or the applicable standards are wrong, the second-instance court may revoke the original judgment and make a new judgment or send the case back for retrial. In the case of Henglue Fourteen Villagers, the provincial high court revoked the original judgment once and for all.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.