Regular pattern of judicial decision on land acquisition and resettlement: An investigation on Zhejiang’s 901 administrative litigation cases

Zhou, Wenzhang; Peng, Yi; Bao, Haijun

doi:10.1016/j.habitatint.2017.03.013

Cited by 18 publications

(14 citation statements)

References 30 publications

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“…However, many constitutions of developing and developed countries acknowledge that the state has the legitimate power to acquire private land for public interest, subject to compensation [8,9]. In addition, in many developing-and especially in developed-countries, farmers facing expropriation decisions have the right to challenge the governments' decision in court [10].…”

Section: Introductionmentioning

confidence: 99%

Variation of Land-Expropriated Farmers’ Willingness: A Perspective of Employment and Inhabitance

Shu

Shi

et al. 2017

Sustainability

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Understanding land-expropriated farmers' welfare change and the determinants of their willingness to change is very important for sustainable urbanization and social stability in developing countries. However, this issue has been seldom explored in previous studies, especially in China. This paper aims to enrich this field by conducting an empirical study using a household survey in 2014 in Nanjing, a major city in the Yangtze River Delta. The impacts of land expropriation on the variation of land-expropriated farmers' employment and inhabitance are explored, while the determinants of land-expropriated farmers' willingness are estimated using ordered logistic regression. Results show that the land-expropriated farmers pay more attention to the changes of employment and inhabitance after land expropriation, rather than land expropriation itself. While employment aspects were key determinants of the farmers' willingness in 1996, factors relating to inhabitance aspects have become more important nowadays. Moreover, it is necessary to grasp the changing rules of land-expropriated farmers' interest appeals in order to adjust the compensation and resettlement policies according to local conditions. Thus, this will improve land-expropriated farmers' willingness. Meanwhile, the government should create a better expectation of employment and inhabitance after land expropriation for farmers. Furthermore, the government should also build a land expropriation information sharing and feedback mechanism in addition to improve the employment and housing security system.

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Section: Introductionmentioning

confidence: 99%

Variation of Land-Expropriated Farmers’ Willingness: A Perspective of Employment and Inhabitance

Shu

Shi

et al. 2017

Sustainability

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“…Existing studies have reported that the major stakeholders are local government departments and farmers who have lost land. Therefore, this research merely considers administrative litigation, in which the local government department is the defendant [69]. The current study, therefore, selects relevant judgment documents from the database of China Judgments Online, which is open-access and contains sufficient information [69].…”

Section: Study Area and Data Collectionmentioning

confidence: 99%

“…Therefore, this research merely considers administrative litigation, in which the local government department is the defendant [69]. The current study, therefore, selects relevant judgment documents from the database of China Judgments Online, which is open-access and contains sufficient information [69]. The keywords "administrative case", "Hangzhou", and "land acquisition or land resettlement" were used to search for relevant verdict documents.…”

Section: Study Area and Data Collectionmentioning

confidence: 99%

Land-Acquisition and Resettlement (LAR) Conflicts: A Perspective of Spatial Injustice of Urban Public Resources Allocation

et al. 2018

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Land acquisition and resettlement (LAR) is an important step in urban development. As one of the 'externalities of development', LAR conflicts have affected social stability and development in rural areas of China. With social conflict research shifting from value identity to resource allocation, few studies have examined the relationship between the spatial injustice of urban public resources and LAR conflict. To mitigate this research gap and formulate effective policies, this study aims to reinterpret the obstacles of LAR conflicts from the perspective of the spatial injustice of urban public facilities allocation in Hangzhou City by examining 195 administrative litigation cases. Spatial accessibility was used for estimating the spatial justice of urban public resources allocation. A classification and regression tree (CART) model was applied to identify the advantage and disadvantage factors behind LAR conflict, and explored the logical and structural relationships among these factors. Results showed that a spatial mismatch between the spatial behavior preferences of human activity and the spatial injustice of urban public resources allocation had significantly accelerated LAR conflicts. When the spatial behavior preferences of human activity and spatial distribution of urban public resources correspond to each other pre-and after LAR, basic rights to social space are safeguarded and various groups can equitably share spatial resources. There are no conflicts. Conversely, respondents expressed a high level of dissatisfaction in comparison to their pre-LAR conditions, and LAR conflict undeniably occurs. This approach also proposes some good LAR policies by regulating the spatial injustice of urban public resources allocation associated with LAR with the aim of long-term urban sustainable development for Hangzhou.

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“…The probability of occurrence of different events in different states must be evaluated by experts or by other means, as well as the whole set of events and the set of dependencies between these events-we assume that this data is known; for considered cases this data is partially taken from other publications. As for parameter estimation from empirical data-sometimes it is even possible to develop the patterns describing judicial decisions; in a recent research a large collection of judicial cases was used to measure the probabilities quite precisely [20]. It is important to note that the sensitivity analysis is out of the scope of this research; for example, probability values can be perturbed in order to gather more general results that are robust to errors of estimation of probability values in a similar way to what was done by other authors [21,22].…”

Section: Introductionmentioning

confidence: 99%

An Algorithm for Modelling the Impact of the Judicial Conflict-Resolution Process on Construction Investment

Bugajev

Šostak

2018

Sustainability

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Abstract:In this article, the modelling of the judicial conflict-resolution process is considered from a construction investor's point of view. Such modelling is important for improving the risk management for construction investors and supporting sustainable city development by supporting the development of rules regulating the construction process. Thus, this raises the problem of evaluation of different decisions and selection of the optimal one followed by distribution extraction. First, the example of such a process is analysed and schematically represented. Then, it is formalised as a graph, which is described in the form of a decision graph with cycles. We use some natural problem properties and provide the algorithm to convert this graph into a tree. Then, we propose the algorithm to evaluate profits for different scenarios with estimation of time, which is done by integration of an average daily costs function. Afterwards, the optimisation problem is solved and the optimal investor strategy is obtained-this allows one to extract the construction project profit distribution, which can be used for further analysis by standard risk (and other important information)-evaluation techniques. The overall algorithm complexity is analysed, the computational experiment is performed and conclusions are formulated.

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Regular pattern of judicial decision on land acquisition and resettlement: An investigation on Zhejiang’s 901 administrative litigation cases

Cited by 18 publications

References 30 publications

Variation of Land-Expropriated Farmers’ Willingness: A Perspective of Employment and Inhabitance

Variation of Land-Expropriated Farmers’ Willingness: A Perspective of Employment and Inhabitance

Land-Acquisition and Resettlement (LAR) Conflicts: A Perspective of Spatial Injustice of Urban Public Resources Allocation

An Algorithm for Modelling the Impact of the Judicial Conflict-Resolution Process on Construction Investment

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