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Forced eviction in the People's Republic of China refers to the practice of involuntary land requisitions from the citizenry, typically in order to make room for development projects. In many instances, government authorities working in collusion with private developers seize land from villagers, often with little to no compensation. Forced evictions are particularly common in rural areas, and are a major source of unrest and public protest.〔The Economist, (“Protest in China: The Cauldron Boils” ), 29 September 2005.〕 By some estimates, up to 65 percent of the 180,000 annual "mass incidents" in China stem from grievances over forced evictions.〔Elizabeth C. Economy, (A Land Grab Epidemic: China’s Wonderful World of Wukans ), Council on Foreign Relations, 7 February 2012.〕 Citizens who resist or protest the evictions have reportedly been subjected to harassment, beatings, or detention.〔 The rate of forced evictions has grown significantly since the 1990s, as city and county-level governments have increasingly come to rely on land sales as an important source of revenue. In 2011, the Financial Times reported that 40 percent of local government revenue comes from land sales.〔Rahul Jacob, (Drop in China's land sales poses threat to growth ), Financial Times, 7 December 2011.〕 Guan Qingyou, a professor at Tsinghua University, estimated that land sales accounted for 74 percent of local government income in 2010.〔Simon Rabinovitch, (Worries grow as China land sales slump ), Financial Times, 5 January 2012.〕 ==Legal framework== Under Chinese property law, there is no privately held land; “urban land” is owned by the state, which grants land rights for a set number of years. Rural, or “collectively owned land,” is leased by the state for periods of 30 years, and is theoretically reserved for agricultural purposes, housing and services for farmers.〔 The underlying assumptions of property law are radically different in Chinese law than in most Western countries, and specifically the "Common Law" of English-speaking countries. In Common Law there is often a degree of ambiguity as to who should benefit from public investment. Governments can legally expropriate land for the public benefit. The State may forcibly evict occupants and extinguish the rights of owners and tenants upon payment of compensation. In most Common Law jurisdictions, the state may expropriate land for on-sale to a private individual or company. To this extent Chinese and Common Law are the same. The difference is that in Common Law there is a presumption that any increase in the value of the land due to changed conditions which give rise to the opportunity for redevelopment for a higher usage should accrue to the land-owner; while in China it is considered just that the economic benefits of public investment should accrue to the people in general. In China, therefore, when the state invests in public infrastructure – roads, trains, water, electricity distribution, etc. – there will simultaneously be a reconsideration of land use in the areas affected. If a planning decision is taken to re-zone land for a higher use, the state will generally expropriate the land, consolidate it into parcels consistent with the proposed new usage, and then offer it on the market on a new 40–70 year lease (the term depending on the usage). This operation also allows for civic improvements including road widening and the creation of public open space. In most Western countries, by contrast, public investment in infrastructure and rezoning lead to mass windfall profits for private landholders who happen to own land in the areas affected – or who corruptly influence planning decisions for their own benefit. Not only do Chinese regard their system as more just than prevalent Western models, it also makes for more efficient land use and less corruption surrounding zoning decisions than in the West. Forced evictions are forbidden under the International Covenant on Economic, Social and Cultural Rights, which China has ratified. Under China’s constitution and other property laws, expropriation of urban land is permitted only for the purpose of supporting the “public interest,” and those being evicted are supposed to receive compensation, resettlement, and protection of living conditions. The “public interest” is not defined, however, and abuses are common in the expropriation process, with many citizens complaining of receiving little or no compensation.〔Congressional Executive Commission on China, (2010 Annual Report ). 10 October 2010, pp 41–42〕 Collectively owned rural land may be "reallocated" at the discretion of authorities. By reclassifying rural land as urban land, it can then be sold at a profit.〔 In 2011, China's legislative body implemented a new law limiting the use of violence in forced evictions, as well as outlawing the clearing of property at night and during holidays. Under the 2011 regulation, violent law enforcement measures are to be used only in "emergencies," though the term is not defined. Chinese authorities declared that the law—which took twelve years to draft—would help protect human rights.〔Chris Hogg, (China law to limit home demolitions and evictions ), BBC News, 1 July 2011.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Forced evictions in China」の詳細全文を読む スポンサード リンク
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