Photo 01: forced evictions, landlords to offset gasoline bottles, Molotov cocktails and a woman in a government official war staged demolition of forklifts.
picture 02: fire engines fire for the forklift truck, the fire began to spray gun Rong Pan to the owners.
Photo 03: 8:15, the introduction of forced relocation, relocation of people rushed to throw stones and then proceed to abuse.
Photo 04: Pan Rong gave up the blocking behavior of forced evictions, housing end bulldozed out.
Photo 05: Chinese Academy of Social Sciences Research Office of Civil Law, the result of land acquisition and demolition of civil law is actually eliminated the legal rights of another.
Photo 06: Shanghai Eastern Kunlun Law Firm Wang Kejian, in 2007 his law firm where more than 20 lawyers sent a letter to the State Council, As the current proposed The Molotov cocktails and the government's demolition of World War forklift
(Reporter: Yan Wen Yu Camera: White Feather)
today to focus on the topic of forced evictions. in the program, we first look at some soul-stirring scenes of the demolition.
in front of a film that recorded before the conflict, Pan Rong's home is a building area of 480 square meters of four-story house, located in Minhang District, Shanghai. Zhangqi Long Pan Rong and her husband were born in this area of the township. the last century, 90 couple years in New Zealand, New Zealand and later obtained the nationality of the couple returned to .2004, Zhang Qilong father belonging to a rural house, a new clamshell, Zhangqi Long also began to return to domestic work. But in 2008, Rong Pan Hongqiao Airport received a piece of paper transport hub of the demolition decision to break the peaceful life of their family. Shanghai Airport (15.98,0.10,0.63%) Group to build the airport control project, and Rong Pan small building right in this building the scope of this project, therefore Rong Pan within a time limit must apply the original house, houses will be demolished. as compensation for house demolition, Rong Pan received 761 yuan per square meter replacement housing subsidies, and 1480 yuan of land compensation. counted down Rong Pan is 673,000 yuan compensation for the demolition.
Rong Pan Shanghai residents: million, and you told me to buy a similar house with my situation, and if exactly the same with me I'll make things difficult for you, told me about the situation of the house, you gave me to buy one, he said this is not possible. ;
Rong Pan is located in Minhang District, Shanghai, the largest administrative region, near the Hongqiao Airport. in the residential market, it belongs to the four areas of Shanghai, a similar housing in the market price of the deal already as high as 1 per square meter million 5 thousand dollars. Pan Rong's house, though not commercial, but this small building, just rent out the second floor by floor, you can get 4000 per month rent. Pan Rong measured by common sense, but also feel that clearly not in line with market compensation price. So to discuss Pan Rong a decision: neither endorses this assessment, nor signed the agreement on the demolition.
Pan Rong: chicken to me and said, my chicken is very beautiful, and then you see whether he will lay eggs, what will happen, forced upon me, and I do not, you still put the sheep led away, that does not work. > can not be removal agreement, Minhang District, Shanghai Hongqiao hub of this project have to go on smoothly, in the performance of the informed, demolition service award 15 days after administration, Pan Rong still not removed, Minhang District government has launched a Pan Rong's house on the demolition of the program mandatory.
Hua Cao Town, Minhang District, Shanghai vice mayor Ko Kim: no way. Minhang District Housing and Land Authority and other relevant organizations to implement forced evictions.
Rong Pan: I mean how the earthquake our house, and then run on those machines where a look back Well, it is not the kind of pressure over time heavy weight thing, very heavy thing, and I said as well, and they really hands-on, and to be torn down. , the first forklift up when the floor of our house that door, because it is the kind of security gates, all of a sudden is forced open, has skyrocketed, and rushed to the third floor of our house, rushed to the floor , we in the family, the third floor there is a security door, and then they do not come in red, and then jumped in the above known. Rong feel that they are not the kind of nail in the works, what conditions are unwilling to put the nail removed households. In her view, she asked for compensation is a consistent market price. But in addition to the demolition of the basic compensation package intact outside the Pan Rong and demolition is almost impossible in consultation to a higher price. several times the price negotiation nowhere, unable to complete the relocation, demolition began the mandatory program started step by step.
Ko Kim: always say you unreasonable, and that barrier project quit, you say a year barrier, barrier five, ten years do not engage in this project barrier, and that the State must take steps thing. Well I took the microphone, I come to the demolition of the people in front to face the kind of thing evenly matched, and then I told him, this is my legal property, if you took it the Court's verdict, the court If the sentence I was against the law, it took the Court's judgments is to open the door to let you in. I removed, but if you get it out, you kind of without a court verdict that is against the law, then I want to protect my own property , I want to resist. They have been deprived of family property, and then they always have the power of this building houses, this power should be protected by law.
Rong Pan: tell you how much compensation to you, how much compensation you took, you always have a standard where there is no standard how you can do, so we would be very righteous. relocatees infringement, Pan Rong's This assertion is not only in her family. Huacao deputy mayor said the town's high, almost every one forced relocatees are using this argument against the demolition. Kindu each feel KBA worn more than taking and residents to explain, but this interpretation is often not recognized by the other side.
Ko Kim: file, all the above have the file, he said you do not legitimate, that is, but he transferred to the brain, how do you turn, but he has to say. demolition party that a violation of their property; and KBA gold with the the relocation decision within the time limit prescribed refuse removal, housing location of the city and county people's government may order the mandatory removal of the departments concerned to interpret the provisions. But the two sides of the recognition of the law, then each side, in any case we are unable to reach agreement .
KBA King: consistent on both sides is difficult? time work, but to turn, such a situation. A two-story home for rent, three or four and a security door, so after the demolition workers could not go upstairs to the three, the two sides Gezhao Men started to shout, the ground began to throw stones to the fourth floor. the atmosphere has changed .9 points was 15 points more and more nervous, excavators began digging housing wall, the balcony downstairs hand shot off by the machine, part of a wall crack and tilt.
Rong Pan: wall, shoot the wall when we, my husband told me to start, to die, to stop them, and then give them to throw gasoline bottles. court documents. But this approach to stop the forced evictions were not working. Mr. Pan and his Rong Zhang Qilong began throwing homemade gasoline bottles. In fact, Pan Rong also know that he has violated this practice, Ordinance, when it comes to drinking a large cup, we have that home is not the wine, drank a large cup of whiskey, I would like your own bile strong, bold enough to go up. At that time Minhang Hongqiao hub relocation of any director of command, gold has he still remembers the scene of the scene.
reporters: Ren Wuzhong Rights Committee: Molotov cocktails thrown at us as if the grab machines. counter-measures, but at that time they did not take any radical measures.
Wu Zhong-right: because he burned with incendiary gas, related to a security problem, so that as a law and order problem to deal with. Property Law indeed very crazy, very irrational, but also violated China's laws and regulations. So she got the gas bottles to prevent forced evictions do?
forced evictions, violence and counter-attack, responsibility, and who?
in front of us that the reason why Pan Rong demolition through violent means to resist, because the demolition party promised to give them compensation, and the huge gap between the market price.
reflected in the many consultations and seek their own can not solve the above circumstances, the line of forced evictions predictable, in order to prevent the demolition Rong Pan, and began throwing bottles of gasoline violent means against the law to fight back, but it's entered you can prevent the forklift?
10 points, throwing bottles of petrol is continuing the activities, But the gas bottle and can not stop demolition of the.
Rong Pan Shanghai residents: stopped, no, they called fire engines, the same as war. power to stop the demolition of the machine. think this can at least show their attitude to defend property rights, and thus against the demolition party infringement.
reporters: Construction Committee, Ren Wuzhong right: br> WU Zhong right, Minhang District, Shanghai Construction Commission's director of transportation, was number one, Minhang District, headquarters relocation. Pan Rong house he was also the scene of compulsory relocation. He said demolition of the Hongqiao area of land Project up to 20,005 thousand acres, involving more than 5,000 families of farmers, more than 2100 enterprises. He admitted that in the course of his work, especially the forced demolition of demolition of most of the questions put to him by the district government is accused of infringing demolitions, which makes He suffered frequent violent conflicts.
Wu Zhong-right: So far a total of 27. KBA long gold: right figure, because people do not know, he did not know of other leading cadres, and to my knowledge, all grew up with, not to mention the relocation of the work I do, this very difficult. > forced evictions, such as Pan Rong said, whether it involves tort?
Shanghai Eastern Kunlun Law Firm Wang Kejian: method, if each side. and has promulgated and implemented the Ordinance aspects of our legislative system is a problem is caused by the above legislation. collective and private property are legally protected, the property of the three equally important, equally protected by law.
Wang Kejian: circumstances warrant in hand, you are still registered on the register that I was the case of property rights, I am the owner of land use case, how do you come to my house demolition, you need to protect the rights of the law is not Well, I've got this warrant, they should be protected by law, how can you not protect, this time the people must ask you that the demolition permit, do the right real estate license than I am bigger. land should be how to deal with it? collectively owned land may be levied and units, individual housing and other real estate.
Wang Kejian: , the collection is a change of ownership as a way to charge you, and I went to the house belong to you charge your government, your government becomes the ownership, you demolished the house of your own, it will never force the removal of non-existent . The Ordinance on and after the implementation of the two laws had a conflict.
Wang Kejian: the right time, so what is it nature of the act, in fact, an infringement. Sun Xianzhong Academy of Social Sciences Research Office, Civil Law lawyers say the king affirmed.
Chinese Academy of Social Sciences Research Office of Civil Law, You land acquisition and resettlement is the Government's responsibility first, because you have to go to a public interest land acquisition and relocation, land acquisition and relocation is actually the result of elimination of the legitimate rights of another civil law, you are the demolition, he is a company, he is a business, how can he destroy a people's right to a right. intense conflict, in fact it reflected the essence of two conflicts between the laws and regulations.
Rong Pan: red, fire engine after the car had come up Yeah, come up later, we are anxious Well, anxious to go again dropped the bottle, thrown down, he began fighting for the car for the car fire, fire out After we began to spray. nationality, if in accordance with the laws of New Zealand, even in relation to the demolition of public works, the government gives a first assessment of the price, if the owners do not think it fair, the Government will pay, so you go to the market and authoritative assessment of randomly selected two agencies, The average assessment of the price paid options.
but in the country, allow forklifts to stop it? look at the outcome of the event.
Rong Pan: son crying in there, because he on the third floor, he shot his feet on the second floor is, he must be the most clearly is the kind of shock in the house, he felt, he cried on the inside, crying on the wah-wah, cried known. This is like a dream to do. because by throwing bottles of petrol demolition of illegal means to resist the government, after the Pan Rong Zhang Qilong convicted of obstructing the husband of the crime.
Hua Cao Town, Minhang District, Shanghai vice mayor Jin Ko : compensation is too low, then such compensation is worked out exactly how it? Hongqiao Airport relocation of staff told reporters do, the program is Minhang District government decided at a meeting of relevant departments. Reporter careful study of the Hongqiao hub compensation program, for compensation, the program uses the land use rights in the region as a compensation standard base price, however, the Ministry of Construction in 2004 was expressly provided, the local government practice of using the base price of land rights and the market-based assessment as compensation is not consistent.
Reporter: Minhang District government and the project construction land demolition of the big contracting companies have signed an agreement which saw the construction company entrusted to the Central Government for land requisition is 1.3 million yuan per mu, the Hongqiao Airport in the total cost of demolition of up to 14.8 billion. But the government subsidies to farmers for land requisition is 380,000 yuan per mu. then the remaining one million yuan per mu charges made by the Government? questions for journalists, WU Zhong right that the hub of this land, Minhang District, Hongqiao, in the Government renovation and expansion news came out only after a substantial upgrade, so the added value of the acquired land should not be made by the masses.
Wu Zhong rights: Originally, some, because the Hongqiao transport hub thousand billion invested, is to bring the region surrounding the house. kind of regulations and standards to be implemented? government, owners and the legal profession, each have their own view. root of the problem is not difficult to understand, that is, The argument, the parties agree that their righteousness.
two years ago, Why, after two years of the existence of such laws and regulations also fight each other, we also interviewed the learned before, in the The revised provision out of it? actually started the revision of these two regulations, originally scheduled to say and then revised in March 2007, promulgated the Regulations should be issued out. But later this working too, from the State Department, from the top, we did a lot of investigation, we also participate in the work, but also because too much pressure was not enacted out at once. What kind of pressure because of what the pressure? legal consultation to our government to hide behind them to do intermediaries, but in fact is the government manage the land, selling land, land transfer fees, etc. This is the government is willing to do and do the high transfer fees levied by the Government, Government hiding behind it, the contradiction to the relocation and demolition, this approach is not appropriate from the legal perspective, this obstacle here, Shanghai is a maximum 30 million dollars an acre of land, you see, is the same This piece of land, it gives farmers 30 million dollars, the government gave farmers 30 million dollars, and then to the Government, the Government and then to the business to a million, from which earned 70 million, is called the second fiscal, gave the government to take went. , can not stop the forced relocation of the wheel? Sun Xianzhong for us to uncover a secret is not secret. In this battle of laws and regulations, behind a conflict of interest, in the face on the land to increase revenue local government, the people are weak to take the were punished accordingly, but in a way, also explains their frustration. Thousands of years ago, Mencius says: This is an important rule of thought, national regulators need to let the people have a stable industry and income, so people will have a stable and unchanging ideas, so that society can be stable, the state can prosper. President Hu Jintao has repeatedly stressed that the socialist market economy is the legal economy, we should protect the legal property of the State and individuals, which not only requires us to constantly improve the legal system, but we need to establish a fair and impartial, and not conflicting with each other legislative, judicial system, only the legitimate property of citizens protection of the rights, market economy, can there be sustained and healthy development momentum, the Chinese economy can have long-term future.
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