How are land acquisition compensation payments calculated for newborn infants?

Compiled from: Guiyang County People's Court, Hunan High Court
 
With the development of economic construction, there are more and more cases of rural collective land expropriation, and disputes over the distribution of land compensation fees are constantly emerging.

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Recently, the Guiyang County People's Court in Hunan Province heard a case concerning whether a newborn could receive land compensation fees.
 
 
Case review
Xiaohua was born on October 11, 2020, and has been registered in a village group in Guiyang County, Hunan Province since birth.
 
On May 20, 2020, part of the village group's forestland and rural roads were expropriated, receiving a total land compensation of 5,715,866 yuan.
 
On November 25, 2020, the village group held a mass meeting and a villagers' meeting to decide on the distribution of the funds. According to the village rules and customs that had been in place for many years, the village group believed that the newborn Xiaohua was not entitled to a share of the funds. Therefore, except for Xiaohua, each eligible villager received 38,600 yuan, which was distributed on December 1, 2020. Xiaohua's father, Hou, disagreed with this distribution and filed a lawsuit in court.
 
 
[1] Court Opinion
After trial, the Guiyang County People's Court held that the focus of this case was whether Xiaohua was eligible to participate in the distribution of the land compensation funds.
 
In this case, Xiaohua acquired membership in the collective economic organization of her village from birth on October 11, 2020. The village group finalized the compensation distribution plan on November 25, 2020, and the funds were disbursed on December 1, 2020. By that time, Xiaohua had already obtained membership in the defendant's collective economic organization and was entitled to the same treatment as other members. Therefore, the court supported Xiaohua's claim for the village group to pay her 38,600 yuan in land compensation.
 
The court ultimately ruled that the defendant village group must pay the plaintiff Xiaohua 38,600 yuan in land compensation.
 
 
《 [1] The People's Republic of China Organic Law of the Villagers Committees
Article 27
Villagers' meetings may formulate and revise villagers' self-governance charters and village rules and regulations, and report them to the people's government of the township, ethnic township, or town for record.
Villagers' self-governance charters, village rules and regulations, and decisions made by villagers' meetings or villagers' representative meetings shall not conflict with the Constitution, laws, regulations, and national policies, nor shall they infringe upon villagers' personal rights, democratic rights, or lawful property rights.
If villagers' self-governance charters, village rules and regulations, or decisions made by villagers' meetings or villagers' representative meetings violate the preceding provisions, the people's government of the township, ethnic township, or town shall order corrections.
 
 
[1] Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Rural Land Contract Disputes
Article 22
[2] A rural collective economic organization, villagers' committee, or villagers' group may, in accordance with the democratic deliberation procedures prescribed by law, decide on the distribution of land compensation fees already received within the collective economic organization. If a person who already had membership in the collective economic organization at the time the land acquisition compensation and resettlement plan was finalized requests payment of the corresponding share, such request shall be supported.
 
 
[1] The author's perspective
[3] Land acquisition and demolition involve the vital interests of rural residents, so relevant administrative agencies must consider all aspects thoroughly and make proper arrangements to effectively protect the legitimate rights and interests of those whose land is expropriated. The concern is not scarcity but uneven distribution; otherwise, once an incident occurs, it may easily escalate into a collective event.
 
[4] Furthermore, although a rural collective economic organization may discuss and decide on matters of the collective economic organization based on the principle of autonomy and legal provisions, the village rules and regulations, villagers' self-governance charters, and property distribution plans formulated must not conflict with laws, regulations, or national policies, and must not infringe upon the personal and property rights of villagers, especially minors.