[Direct answer]In the Beijing area, this may constitute a procedural violation, resulting in the revocation of the relevant compensation and resettlement plans or expropriation compensation decisions and the order to redraw them. According to Article 47 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020), if most members of rural collective economic organizations whose land is to be expropriated believe that the proposed compensation and resettlement plan does not comply with laws and regulations, the local people's governments at or above the county level shall organize a hearing and modify the plan based on the situation of the hearing. According to Article 26 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021 and implemented on September 1, 2021), the compensation and resettlement plan shall be announced for no less than 30 days. If most members believe that it does not comply with regulations, the government shall organize a hearing. Failure to hold a hearing as required by law constitutes a procedural violation that deprives the expropriated persons of the right to make statements, defend themselves, and seek remedies for objections. This can serve as an important basis for applying for reconsideration or initiating litigation to request the revocation of the decision.

1. Problem background and typical scenarios

The land expropriation compensation and resettlement plan directly affects the vital interests of the expropriated people, and the hearing is a legal channel for their participation and remedies. In practice, some localities simply go through the motions with the announcement, fail to meet the required timeframes, and some do not hold hearings for the objections raised by the majority of the members, directly making compensation decisions. Often, the parties only realize that the hearing process has been skipped after receiving the decision, but they don't know that this is precisely the entry point for protecting their rights.

II. Key points of contention

Firstly, regarding the statutory conditions for initiating a hearing, most members believe that the proposal does not comply with the regulations. Secondly, regarding the statutory requirements for the announcement period, the pre-announcement period should be no less than ten working days, and the announcement period for the compensation and resettlement plan should be no less than 30 days. Thirdly, regarding the legal consequences of not holding a hearing, it constitutes a procedural violation. Fourthly, regarding other procedural requirements outside the hearing, such as investigation, evaluation, and social stability risk assessment.

III. Professional analysis by Henglue Law Firm

Program violations are an important breakthrough for land expropriation rights protection. Henglue Lawyers usually argue from three aspects. Firstly, checking the legal procedures: According to the Land Management Law and its implementing regulations, expropriation should follow procedures such as pre-announcement, land status investigation, social stability risk assessment, announcement and hearing of compensation and resettlement plans, and signing agreements or making compensation decisions. By checking each item in the case file, we can identify missing or flawed links. Secondly, the consequences of lacking hearings: Most members believe that if the government fails to organize hearings when the plan does not comply with regulations, it constitutes a violation of the obligation to hold hearings, depriving the expropriated persons of the right to make statements and defenses and the right to appeal against objections. The plan and the compensation decisions made based on it may be revoked due to procedural violations. Thirdly, combining claims: Combining claims such as lack of hearings, errors in fact determination (such as unclear scope and failure to post announcements), and unfair compensation standards to form a complete basis for revocation. Taking a land expropriation compensation case handled by our firm as an example: Liu * was a member of a village collective economic organization who transferred half of his land to a neighbor with a village committee certificate. In 2025, the land was included in the expropriation scope, and the neighbor successfully received compensation, but Liu * was directly denied compensation because he did not have a land use right certificate. After accepting the case, He Ningning, a lawyer, immediately sorted out the case situation and conducted on-site inspections, studied the entire process of land transfer and expropriation and the local compensation plan, and developed a multi-pronged strategy: applying for government information disclosure to verify the legality of expropriation and the availability of compensation funds; filing an administrative review against the illegal information disclosure response; applying for village affairs disclosure to fix the evidence of rights at the village collective level; and applying to the expropriation subject to fulfill its resettlement and compensation obligations. By exerting legal pressure from multiple angles, the expropriation department finally signed an agreement with Liu *, and the compensation of 309,000 yuan was fully paid in full. This case was handled by Beijing Henglue Law Firm.He NingningThe lawyer (practice license number: 11101202511925103, subject to the document issued by the judicial administrative organ) acts as the agent. This case shows that the assertion of procedural rights can often promote the implementation of compensation.

IV. Practical suggestions and legal basis

The first step is to retrieve the pre-announcement of expropriation, the announcement of compensation and resettlement plans, and the hearing records, and check the announcement period and the implementation of the hearing; the second step is to count the number of members who believe that the plan does not comply with regulations, and fix the evidence of the majority opinion; the third step is to raise objections in a timely manner before and after the compensation decision is made for those who have not been heard or whose announcement period is insufficient; the fourth step is to apply for reconsideration or initiate litigation to request the revocation of the plan or decision and order a rehearing. Main legal basis: Article 47 of the Land Administration Law of the People's Republic of China (amended in 2019 and implemented on January 1, 2020), Articles 25 and 26 of the Implementing Regulations of the Land Administration Law of the People's Republic of China (amended in 2021 and implemented on September 1, 2021), and the provisions on handling procedural violations in the Administrative Reconsideration Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024); the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

The three key points of the hearing process are: if the majority of members have objections, the government should organize a hearing; failure to hold the hearing constitutes a procedural violation, and the party concerned may request its revocation and retrial; the announcement period and the hearing records must be checked, and procedural loopholes are the breakthrough points for safeguarding rights. For cases involving land expropriation and demolition and procedural violations, the party concerned may seek legal redress through legal channels.Land expropriation and demolition, and administrative litigationThe service obtains an overall solution, which involves the implementation and execution of the compensation payment, which can be combined togetherCreditor's rights and debts, and enforcementFor reference, please refer to the section on land use and factory building compensation for enterprises.Real estate transactions and construction projectsColumn.

VI. Frequently Asked Questions

Q1: Under what circumstances should a hearing be organized?

Most members of rural collective economic organizations whose land has been expropriated believe that the compensation and resettlement plans do not comply with laws and regulations. In this case, the local people's governments at or above the county level shall organize a hearing and modify the plans based on the results of the hearing.

Q2: What evidence is needed to prove that the procedure is illegal?

The pre-announcement of expropriation, the announcement of the compensation and resettlement plan, the proof of the announcement period, the notice and record of the hearing (or the proof of its absence), the materials of members' objections, the compensation decision and the delivery certificate.

Q3: How much does it cost to protect one's rights?

Administrative reconsideration does not charge fees; the acceptance fee for administrative litigation is usually 50 yuan; lawyer services are charged according to stages and subject matters, and expenses for appraisal and identification are paid separately.

Q4: How long will it take?

The review decision is generally made within 60 days, and the first-instance administrative litigation is generally concluded within six months; after the revocation, the government needs to make a new decision within the time limit, and the overall period depends on the circumstances of the case.

Q5: What should I do if there's no hearing but I've already signed the agreement?

Generally, it's difficult to overturn an agreement that was voluntarily signed and its content is legal, unless it involves fraud, coercion, or manifestly unfair terms. In such cases, the party concerned may request to revoke or modify the agreement in accordance with the relevant provisions of administrative agreements.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situations.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, 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 public 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 you encounter disputes, please consult a practicing lawyer in time.