This is a regional technical assistance project carried out by the Asian Development Bank (ADB) from March 2005 to December 2005.Its key objectives are to build a new land expropriation system meeting the requirements of market economic development and for providing a legislation basis on revising “Law of Land Management” and drafting up “Regulations of Land Expropriation”, based on the existing research findings and pilot experience, and learning from advanced concepts and operating experience in foreign risk management of involuntary resettlement.

The working items of this project include: 1.Research into exercised scope of land expropriation rights. It focuses on exploring the connotation of “Public Interest”, defining the specific standard for dividing the public welfare and non-public welfare projects and offering the specific scheme for reform of exercise of a scope of land expropriation rights; 2.Research in measuring and calculating methods of compensation in land expropriation. Combined with land tenure system, landed property relations and present situation of economic social development etc., the basic principle will be advanced. Research will be undertaken on how to take more consideration on factors such as the land market, supply and demand of land and land location etc. when measuring and calculating the compensation in land expropriation. Accordingly, the compensating method will be defined, which is reasonable in theory, feasible in practice, exercisable in technology and with link to the current land price system; 3.Research in policies and measures of resettlement of affected residents. The responsibility to be undertaken by the government will be defined clearly, particularly for rebuilding and improvement of living and inhabited environment, employability skill training, preferential policy of employment promotion and respective social security of the affected farmers. The specific structure of social security system for the affected residents will be presented. At the same time, the relation will be clearly defined between this system and existing/future security system of urban residents. In addition, the concrete charge standard will be measured and calculated preliminarily; 4.Research in countermeasures to poor risk management of the affected residents due to land expropriation with be conducted. It will be suggested for relief measures to be taken by the government based on clearing the living conditions of specially straitened group in the affected farmers.

The results achieved include: 1.Research reports “Project for Construction of Risk Management Capability of Resettlement due to Land Expropriation in China” (Chinese version), consisting of five ones in detail including general report “Construction of Risk Management Capability of Resettlement due to Land Expropriation in China”, and four special reports： “Research in Exercise Scope of Land Expropriation Right”, “Research in Measuring and Calculating Methods of Compensating Standard in Land expropriation”, “Policy and measures of Resettlement of Affected Farmers and Poor Risk Management” and “Database of Current Law, Regulation, System and Practice About Land Expropriation”. 2.Research reports “Project for Construction of Risk Management Capability of Resettlement due to Land Expropriation in China” (English version), and 4 special ones “Investigation Report of Compensation of Land Expropriation in Nanjing”, “Investigation Report of Compensation of Land Expropriation in Ningbo”, “Investigation Report of Compensation of Land Expropriation in Wuhan” and “Investigation Report of Compensation of Land Expropriation in Shijiazhuang”. 3.”Report of International Seminar About Construction of Risk Management Capability of Resettlement due to Land Expropriation in China” (Chinese and English versions), and report of situation in attending an international seminar about “Construction of Risk Management Capability of Resettlement due to Land Expropriation in China”, held in headquarters of the Asian Development Bank.

The innovation of this project represents: 1.By introducing advanced concepts in international risk management of resettlement and based on research findings and pilot experience, the systemic analysis has been conducted firstly for living conditions of affected farmers in China from the angle of risks. Additionally, the suggestion has been given to legislation from the angle of risk prevention. 2. In view of features of the land property right system, land asset relations and conditions of economic social development etc., the measuring and calculating methods of compensation in land expropriation have been suggested aiming at linking with the current land price system. And also, a suggestion has been offered to perfect the policy and measurement of resettlement of affected residents, including clearly-defined responsibility to be undertaken by the government in resettlement of affected residents, and building of basic living security system for affected farmers etc. These results will provide the basis for related legislation.