A Study of Relevant Legal Issues Concerning Pre-expropriation Compensation Agreements of Collectively-owned Land

The nature of pre-expropriation compensation agreements (PCA) is not explicitly specified in The Land Management Law. Nor is the mechanism for resolving disputes related to such agreements clearly defined. The PCA is administrative agreements with attached conditions for effectiveness. Through analysis of the relevant lawful documents and regulations, this paper argues that PCA should be subject to judicial review which focuses on whether the agreed conditions for effectiveness have been met, rather than simply dismissing the lawsuit on procedural grounds. The procedural grounds cite that the expropriation agreement has not yet taken effect and does not affect the rights and obligations of the parties. Additionally, actions related to the signing and implementation of PCA should be monitored throughout the process.