Freedom of Residence and Movement
In an article on its English-language Web site, Caijing reviews continuing problems in China's land management system and the State Council's effort to address them through a recent circular (for a review of the circular, click here). The author notes that China must "squarely face" the key problem of how compensation in the land requisition process is calculated. It cites experts who warn that "without solving this problem, a rapidly urbanizing society will see more violent clashes between farmers, local governments, and real estate developers." The author characterizes the new State Council circular as "not a fundamental solution, but a makeshift step" that will ease tension until appropriate amendments can be made to China land laws and related regulations.
Since early November, domestic Chinese sources have reported on a new wave of large-scale relocations planned by city officials in Beijing, Shanghai, and Xi’an.
According to an article published in the South China Morning Post (11/16), Ministry of Land and Resources officials acknowledge that farmers are owed 15 billion yuan in unpaid compensation for land requisitions. A State Council circular issued in late October introduces new requirements designed to force local governments to address the issue of unpaid compensation (see related story here).
China Youth Daily, citing central government estimates, reports that China's migrant population was approximately 140 million, or more than 10 percent of the national population, as of the end of 2003. Central government officials expect the number of migrants to continue to rise and for the trend to pose challenges for traditional forms of population management.
An article appearing in the Beijing News discussed Shanghai's new Temporary Regulations on Residence Permits, which enter into force on October 1, 2004. The Regulations require residence permits of anyone residing in Shanghai over 3 days. According to the article, individuals staying in hotels or hospitals are exempt from the requirement.
Materials required of applicants include evidence of stable employment or educational qualifications, if employed, and other materials as appropriate, if in Shanghai for school or for family reasons.
Possession of a temporary residence permit entitles one numerous benefits, including: 1) the ability to apply for education of one’s children, 2) the ability to receive social welfare, 3) the ability to be employed by a government agency.
Transcript (PDF) (Text)
Over the past year, urban demolitions and rural land requisitions have become two leading causes of social unrest in the PRC. Alarmed by an explosion in the number of petitions, administrative lawsuits, and street protests sparked by property seizures, the Chinese government has taken several limited steps to address popular concerns.
The following text was retrieved from the Law-lib Web site on February 7, 2013.