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Villagers Against the State: The Politics of Land Seizures in Rural China

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Abstract:

In recent years, disputes over land have become an important source of social and
political instability. At the end of 2005, as many as 20 villagers were
reported killed by the Chinese police in Shanwei, Guangdong, after they rose up to
protest the seizure of their lands, in what may have been the single bloodiest incident in
China since the suppression of the Tiananmen protests in 1989. Seeking to contain rural
conflict, the state has maintained and created an expanding array of institutions to
perform dispute resolution in the countryside, including letters and visits offices housed
in multiple government bureaus and mass organizations, multiple entities with
responsibility for mediating disputes (including but not limited to the local justice
bureaus and their associated legal aid centers), new rural arbitration commissions, and, of
course, the courts. Some villagers turn to these legal and political institutions, filing
petitions, participating in government-sponsored mediation efforts, requesting hearings,
arbitrating, or filing law suits. In most cases, however, villagers appear to take no action
at all, electing instead to “lump” their dispute and simply accepted the compensation
offered by the local government.
How do villagers make use of these dispute resolution mechanisms? What is it
about the villagers, the nature of the dispute, or the actions of the state that prompts some
villagers to ask for a hearing or file a petition? Are more “rights conscious” villagers
more likely to take action? Do certain types of land compensation schemes cause more
social conflicts? Does being consulted on the amount of compensation make villagers
less likely to take action?
We examine these questions using a 17 province survey from 2005 covering 1,900 households. Our findings challenge the conventional wisdom that rights consciousness leads to higher levels of legal mobilization. By contrast, we show that the highly rights conscious are less likely to file petitions. We also show that consultation with villagers over compensation--a tactic introduced by the central government to diffuse social conflict--actually makes villagers more likely to demand a public hearing on compensation. The most powerful predictor of dispute escalation, however, is
the type of compensation scheme. Compensation packages that give benefits to all farmers in a villager--rather than only those whose land was taken--lead to far more petitions and demands for public hearings than compensation packages that give compensation only to affected villagers. Finally, we supplement and explore the dynamics of these findings through case studies conducted
in Shandong and Hunan in 2007.

Most Common Document Word Stems:

land (203), villag (127), compens (96), disput (90), hear (65), govern (59), file (55), demand (48), take (47), contract (46), local (46), like (45), law (44), level (42), petit (39), case (39), use (36), also (34), state (33), amount (32), right (32),

Author's Keywords:

China, legal institutions, law and society, land, property rights,
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Association:
Name: American Political Science Association
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MLA Citation:

Heurlin, Christopher. and Whiting, Susan. "Villagers Against the State: The Politics of Land Seizures in Rural China" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-08 <http://www.allacademic.com/meta/p209847_index.html>

APA Citation:

Heurlin, C. and Whiting, S. , 2007-08-30 "Villagers Against the State: The Politics of Land Seizures in Rural China" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2011-06-08 from http://www.allacademic.com/meta/p209847_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: In recent years, disputes over land have become an important source of social and
political instability. At the end of 2005, as many as 20 villagers were
reported killed by the Chinese police in Shanwei, Guangdong, after they rose up to
protest the seizure of their lands, in what may have been the single bloodiest incident in
China since the suppression of the Tiananmen protests in 1989. Seeking to contain rural
conflict, the state has maintained and created an expanding array of institutions to
perform dispute resolution in the countryside, including letters and visits offices housed
in multiple government bureaus and mass organizations, multiple entities with
responsibility for mediating disputes (including but not limited to the local justice
bureaus and their associated legal aid centers), new rural arbitration commissions, and, of
course, the courts. Some villagers turn to these legal and political institutions, filing
petitions, participating in government-sponsored mediation efforts, requesting hearings,
arbitrating, or filing law suits. In most cases, however, villagers appear to take no action
at all, electing instead to “lump” their dispute and simply accepted the compensation
offered by the local government.
How do villagers make use of these dispute resolution mechanisms? What is it
about the villagers, the nature of the dispute, or the actions of the state that prompts some
villagers to ask for a hearing or file a petition? Are more “rights conscious” villagers
more likely to take action? Do certain types of land compensation schemes cause more
social conflicts? Does being consulted on the amount of compensation make villagers
less likely to take action?
We examine these questions using a 17 province survey from 2005 covering 1,900 households. Our findings challenge the conventional wisdom that rights consciousness leads to higher levels of legal mobilization. By contrast, we show that the highly rights conscious are less likely to file petitions. We also show that consultation with villagers over compensation--a tactic introduced by the central government to diffuse social conflict--actually makes villagers more likely to demand a public hearing on compensation. The most powerful predictor of dispute escalation, however, is
the type of compensation scheme. Compensation packages that give benefits to all farmers in a villager--rather than only those whose land was taken--lead to far more petitions and demands for public hearings than compensation packages that give compensation only to affected villagers. Finally, we supplement and explore the dynamics of these findings through case studies conducted
in Shandong and Hunan in 2007.

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Document Type: application/pdf
Page count: 34
Word count: 9190
Text sample:
Villagers Against the State: The Politics of Land Disputes Christopher Heurlin Susan Whiting Department of Political Science University of Washington Paper presented at American Political Science Association annual meeting August 30 2007 in Chicago IL (Draft only. Do not cite without Permission. Comments welcome) 1 In recent years disputes over land have become an important source of social and political instability. The scale of the problem is vast—as many as 70 million villagers have lost their land already (NY
the Law in China Diamant Neil; Lubman Stanley; and O’Brien Kevin eds. Stanford University Press: Stanford. O’Brien Kevin and Lianjiang Li. 2006. Rightful Resistance in Rural China. Cambridge University Press: Cambridge. 33 Zweig David. 2003. “To the Courts or to the barricades: can new political institutions manage rural conflict?” in Elizabeth J. Perry and Mark Selden eds. Chinese Society 2nd Edition: Change conflict and resistance. London: RoutledgeCurzon pp. 113-135. Laws and Regulations: Land Management Law of 1998 Rural Land


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