Nail house demolition incident

At present, most local governments try to promote the demolition process through various means on the grounds of promoting urban construction. Urban construction has indeed accelerated, but public interests and personal interests are still issues worthy of attention. Now give an example of the demolition of Beiwu Village on the south side of Yuquan Mountain in Haidian District. Public interests and personal interests are judged by everyone.

From October 2009 1 month, Beiwu Village was taken as the pilot of "urban-rural integration". On March 19, Beijing Youth Daily reported that the foundation stone was laid for the relocated house in Beiwu Village, and the first project in Area A was "Villagers going upstairs at the end of 10". Zhang Quan, the person in charge of "Vacation" and secretary of Yuquan Village Committee, disclosed that the land use of Beiwu Village is "to build a standard hotel, and the second phase of Yuquan Huigu will become an office and research area". On March 24, 2009, the renovation plan of Beiwu Village was promulgated, and the plan was determined as "self-retirement" of "villagers' autonomy".

In June 2009, at the request of some villagers, I went to Beiwu Village for investigation. Among about 30 villagers interviewed randomly in the village, none of them "voluntarily" retired to rebuild. There is a simple reason. A square meter of land is exchanged for a square meter of building, and the value is clear at a glance. Villagers' own land can be built into houses for rent, and what to eat when moving to buildings has become a problem. In addition, the villagers have no place to move, and the so-called relocation building is under construction, and no one knows when it will be completed.

For the villagers to "voluntarily" retire, leaders of many government departments frequently come here, and slogans are everywhere in the village, giving people an irresistible sense of oppression. The government requires all public officials who refuse to sign the resignation agreement to go home, and they can't go to work without signing the agreement. Also, since June 1 began to "vacate and move", a group of unidentified people have been wandering around the village. Villagers' doors and windows were smashed and damaged from time to time, bricks were thrown in the yard, and even water and telephone lines were cut off.

As a representative of Haidian District People's Congress, in June, 2009, I suggested that the relevant departments should seriously handle all kinds of legal procedures according to law and demolish houses according to law on the basis of reasonable compensation to local villagers. Don't rush to forcibly relocate until the compensation and resettlement work is properly solved, but this proposal has not received any reply.

On the afternoon of June 24th, 2009, 165438+ At the request of the villagers, we came to Beiwu Village again. In the evening, we met an unidentified man in camouflage. Less than an hour after we left Beiwu Village, Xi Hsinchu and Yu Xingui, a villager living in Beiwu Village, were beaten by six unidentified people. Xi. Hsinchu's right arm fracture, right calf fracture, scapula fracture and multiple injuries. Yu Xingui was beaten into a coma and covered in blood.

June 5438+February 65438+February 2009, Yuquan Village Committee "announced" that June 5438+April 8 was the last time to vacate. /kloc-On the afternoon of 0/4, a large number of police cars and government personnel came to Beiwu Village at the southern foot of Yuquan Mountain in Haidian District, and set up a cordon to surround Xi Hsinchu's home. Not long ago, Xi Hsinchu, who was injured and hospitalized, spilled gasoline on his body and told the demolition workers not to come in. The demolition workers said, "Don't play this game" and forced their way in. At this time, Xi Hsinchu lit the gasoline on him. At present, Xi Hsinchu is still in the burn intensive care unit of 304 Hospital.

Compared with the demolition and self-immolation incident in Tang Fuzhen, in the demolition and self-immolation incident in Hsinchu, the forced demolition was carried out by the village committee. In the name of "villagers voluntarily vacate", change the use of collective land, and forcibly demolish the legal houses owned by Xixinzhu family without planning permission, land acquisition approval, hearing, demolition permission, dispute adjudication, application for enforcement and any legal procedures.

Before the incident of self-immolation, we suggested that the villagers file a lawsuit. They didn't file a lawsuit, not because they didn't know the law, but because they knew the national conditions too well. After the tragedy, they finally appealed to the court, but the court still closed the door to them.

Xi Hsinchu sued the court, and the presiding judge thought that the lawyer "ignored the overall situation". What is the overall situation? Building a country ruled by law is the biggest game. To govern the country according to law, we must first formulate a good law that represents the interests of the overwhelming majority of the public, and the process of law-making should be fully discussed by professionals and the public. Secondly, the government must strictly enforce the law, and no one should have extra-legal privileges. Finally, there must be a neutral judiciary as the bottom line of justice.

If Xi Hsinchu hadn't set himself on fire, many officials might really think that the villagers in Beiwu were happy to go upstairs. For the villagers, although they also like the beautiful urban environment, it is more important to survive and develop.

More importantly, a huge group was neglected in the demolition: citizens who can only rent cheap houses when they go to work in cities. Take Liulangzhuang next to Beiwu as an example. At present, there are more than 4,000 aborigines and 50,000 new immigrants. Aborigines and new immigrants are interdependent. Most of the new immigrants are engaged in the service industry in Zhongguancun, and they can't afford to rent a house in the urban area. Liulangzhuang is very important to them, and it is a "low-rent house" formed by the market. Once removed, they have to find a new place to live, and even have to change jobs. Local villagers have also increased their employment opportunities because of the residence and diet of new immigrants. Although it is a bit messy, life and work are very harmonious and harmonious.

Demolition of Liulangzhuang will harm the interests of more than 50,000 people. What's good for the public? Some people say that in order to protect the surrounding environment of the Summer Palace, the Summer Palace is not the Summer Palace just because there are some poor people living nearby? Liulangzhuang was built earlier than the Summer Palace. Which is more important, the appearance of some people or the survival of others? Some people say that the urban-rural fringe is poor in public security and needs to be demolished. This is the same as the thinking of the asylum and repatriation system in those days. It's like using a splint to treat asthma. Because you are choking, you think that if you drive the poor outside the Fifth Ring Road, you will become a developed country.

The demolition of the North House is said to be for commercial development first, and then for the construction of country parks. Even if the park is built for the public's benefit, it can't be said that as long as it involves the public's interest, private interests will be unconditionally compromised, and many private interests can't be harmed for the sake of the public's petty profits. The proposed draft of the expropriation law drafted by the League clearly stipulates that "the public interest that can be realized after the proposed project is levied should be greater than the expropriation compensation allocated by the government." On the edge of Lijiang River, a golden tourist route in Guilin, a famous tourist city in Guangxi Zhuang Autonomous Region, there are two buildings that have been demolished into frames, in which more than 20 elderly people live. Because it was included in the scope of demolition before 14, it was called "the best nail house" by the media and local people. So, why do they live in a building that may collapse at any time 14 years? What are the contradictions and conflicts of interest behind it?

Xiufeng District Government Propaganda Office interviewed relevant units in Guilin for this purpose. As an article by Xiufeng District Government explaining the causes of dangerous buildings on Binjiang North Road for many years-"Who has influenced the city image of Guilin", it was published on People's Daily Online on 201kloc-0/0 in the name of "our reporter". At that time, it was only seven days before the sudden demolition of Binjiang North Road. Although the author of this article was working in the propaganda office, he recalled that the mood of the masses on Binjiang North Road was very intense at that time, and even he secretly took photos.

In this article, the Propaganda Office of Xiufeng District Government wrote: "Although Chigui Company illegally demolished, the buildings at No.98-112 and14 on Binjiang North Road should be demolished for the needs of urban development. All relevant departments are administered according to law. " A related person from Xiufeng District Government said. According to the article, the use period of the demolition permit lasted until April 2004, after which "Chiyou Company did not renew the demolition permit". In other words, the demolition permit of Chigui Company has already expired, which is illegal demolition. At the beginning of March 2007, the picture of "the best nail house in history" began to spread on the Internet: a two-story building stood alone in the middle of the foundation of the building dug into a pit of 10 meter, just like a lonely boat in the sea, and Chongqing netizens named it "the best nail house in history".

Later, the media revealed that the photo was taken at No.7/KLOC-0, Hexing Road, Yangjiaping, Jiulongpo District, Chongqing. The property owner refused to demolish, and the developer took the surrounding houses.

The scene after the house was demolished. The building area of the house is 2 19 m2, which belongs to the business premises. According to the introduction of the local housing management bureau, the house was built in the 1940s and 1950s and belongs to an old and dangerous building. Now, the surrounding area has been demolished, and a pit of more than 10 meters has been dug around the house, which has become an "island". The A3 edition of this newspaper reported that the "High-profile Protection of Legal Private Property by Property Law" distributed news pictures of "nail households" becoming isolated islands on the 20th, which aroused widespread concern of readers. 22nd is the deadline for Chongqing Jiulongpo Court to rule on "forced demolition". Yesterday morning, our reporter flew to Chongqing. At 4 o'clock yesterday afternoon, Yang Wu, who was called "the best nail house in history" on the Internet, climbed up his long-lost house from a potholed construction site. At this moment, it is less than 8 hours before the Jiulongpo District Court in Chongqing informs him of the "deadline" for "moving by himself". Yang Wu and his wife Wu Ping. They didn't come to clean the house for the demolition after the deadline. Instead, they moved some daily necessities such as liquefied gas cylinders, bottled water, iron pots and bed boards into the house. In this way, they are preparing for the survival of the small building and resisting the forced demolition by the court.

The couple also raised the national flag on the roof that day to show their determination. This two-story building, which stands at the bottom of the pit as deep as 10 meters, is really going to fall down today in the face of the court's ruling that it can be forcibly demolished from March 22?

At about 3 pm yesterday, the reporter rushed to Hexing Road, Jiulongpo District, Chongqing. This two-story building has long been a household name and impressive on the Internet.

The door is locked. Wu Ping, who also became a celebrity after the incident, is negotiating with the security guards at the nursing site, and nearly 100 people are watching. There are many high-rise buildings around the construction site, and in a huge pit in the middle, a two-story dilapidated building stands alone for more than ten meters. Such a scene is indeed a "spectacle" in modern cities. At the beginning of March this year, photos of such scenes began to circulate in major website forums. Because of the strong impact of the picture, it has aroused widespread concern in society, and the head of the household has been named "the most cattle nail house". A citizen surnamed Ma told reporters, "I thought it was going to be demolished. I came to see it today. " Many citizens at the scene expressed their admiration for the "perseverance" of the head of the household. "It is not easy to be deadlocked with developers for two years!"

Wu Ping, the female householder, told the reporter that on March 19, the Jiulongpo District People's Court of Chongqing issued a Notice of Time Limit for Performance to her: before March 22, she had to move by herself. If it fails to perform within the time limit, the court shall enforce it.

"I won't move until the problem is solved." Wu Pingyang is holding a plastic bag, which contains all kinds of valid certificates and laws and regulations, including a copy of the Constitution of People's Republic of China (PRC). She said that the court's ruling of "fulfilling within a time limit" was illegal. "The basis is Article 94 of the Interpretation of the Supreme People's Court Administrative Procedure Law: failure to perform in time may cause irreparable losses to national interests, public interests or the legitimate rights and interests of others." "In fact, it neither protects national interests nor public interests. It only protects the interests of developers and is not legal. " Wu Ping skillfully quoted the Constitution, the Regulations on the Administration of Urban House Demolition in Chongqing and the newly promulgated Property Law, saying that she would safeguard her legitimate rights and interests.

After struggling with the developer for two and a half years, the owners of this small building, Wu Ping and Yang Wu, finally chose to compromise and signed a new resettlement agreement on April 2. As a result, the small building like a boat was destroyed in this hazy night. Since the emergence of "the best nail house" in Chongqing, nail houses have gradually become synonymous with heroes who dare to fight against evil forces in collusion with officials and businessmen. 2011165438+1On the evening of October 6, the lights were still on in the three-story building of the Li family, which was called "the best nail house in Haizhu", except for some items left behind. Li, the owner of the nail house, moved to No.300 two days ago. On the morning of the 7th 10, this house, which has been isolated for nearly five years, is about to be demolished. This long tug-of-war ended in compromise between the two sides, and the Li family got acceptable compensation conditions. However, his father died suddenly at the beginning of the year, and the fear of being shot by a live snake at home became an indelible shadow in Li's heart. For developers, the economic losses caused by the delay in land development are incalculable. "Nail house" is located in Lane 6, Longnan, Longtian, Haizhu District. It is an independent red brick building with three floors. This house is under the name of Li's father and is the only ancestral home of Li's seven brothers and sisters. In February, 2006, Zhonghui Real Estate acquired the right to develop and operate the plot by auction. At the beginning of 2007, Guangzhou Municipal Bureau of Land and Resources issued a demolition permit. Unable to negotiate the compensation conditions for demolition, Li Jia and Zhonghui Real Estate launched a tug-of-war for nearly five years. Li told reporters that the ancestral home is the only property of seven brothers and sisters in Guangzhou, and everyone's rights and interests should be taken into account. The compensation conditions originally proposed by the developer are simply unacceptable. And since more than 20 years ago, running a printing workshop on the first floor of the ancestral home is her only source of livelihood, even her father and sick brothers and sisters. Therefore, the developer is required to compensate her printing shop on the first floor according to the standard of "business premises". That's three suites of 70 square meters, plus a berth of about 45 square meters. When other neighborhoods moved away one after another, the Li family's house became a lonely "nail house" on the construction site. In the past five years, the family has repeatedly encountered various "strange" things. Similar things keep happening. Li believes that these means are "forced demolition" means, which are carried out by developers in secret. However, the developers all denied that the police have not solved the case so far. Not long ago, in the early morning of July in 15, the window on the second floor of the old house was broken by a stone. In the early morning two days later, someone suddenly put a rocket-shaped fireworks tube in front of the house. After the shock of her father's sudden death at the beginning of the year, Li suddenly realized her fear. "Maybe I am old and tired." Li's previous conditions: the first floor will be compensated according to the "business room", that is, the developer needs to compensate three suites of 70 square meters, plus a berth of about 45 square meters. The compensation scheme originally proposed by the developer: shop compensation, monetary compensation of 2 million yuan.

On June 8th 10, Mr. Xiao of Zhonghui Real Estate, the developer, approached Li's family for consultation, saying that the developer should make compensation as much as possible according to Li's requirements. This is the first time that Li has seen the top management of the developer lower their attitude and actively seek solutions. 65438+1October 65438+March, after careful consideration, the Li family finally agreed to the conditions put forward by the developer: the developer will provide the Li family with a resettlement house of 13 1 square meter in Baogang Building, make appropriate monetary compensation and help Li find a shop.

The Li family withdrew the lawsuit from Guangzhou Intermediate People's Court and vacated the house to the developer before165438+1October 8. Li told reporters that their family recognized the result, but they were not happy. "I am really tired. Since the other side has given in, let's meet each other halfway. " Overseas brothers and sisters also returned to Guangzhou. Today, while the old house is being demolished, the seven brothers and sisters will complete the transfer formalities of the resettlement house in the real estate department. Next, Li will find a suitable berth and start a new life. 201119 at 2: 00 p.m, the media person Gao Chang issued an "indictment" of the procuratorate of Chengguan District, Lanzhou City, Gansu Province, exposing that 17 nail households were prosecuted for conflicts with local urban management, which is the largest prosecution against nail households in China at present. 1010.21,17 The nail house went to court in handcuffs and shackles, and they all pleaded not guilty. The lawyer said that even if it was illegal to build the arbor, the urban management did not inform it orally or in writing in advance. The case has not been decided yet. According to the indictment signed by the Procuratorate of Chengguan District of Lanzhou City, after examination, it was found that in July this year, Ma Zhongliang and Mao Weiguo set up sheds, planted wooden stakes, pulled banners and put up slogans in order to rally the surrounding villagers on the state-owned land recovered at the entrance of the original primary school in Chaoyang Village, inciting villagers to hinder law enforcement officers from performing their duties. As a result, the law enforcement officers of Chengguan District Administrative Law Enforcement Administration were unable to perform their duties, and Miao et al. 1 1 law enforcement officers were injured. In the "indictment", accusing him of his behavior has constituted a crime of obstructing official duties.

17 The direct cause of the nail house being arrested was the arbor made of wooden stakes and colored strips under a big locust tree. On July 26, urban management law enforcement team members clashed with residents. In the early morning of the 27th, the police dispatched on a large scale and seized 17 nail households, among which Mao Weiguo was the oldest, aged 65. "In the afternoon, hundreds of police, riot squad and urban management law enforcement team members rushed to the front of the people enjoying the cool under the big locust tree with weapons and shields and launched a battle. Among the people who were beaten were the elderly, children, women, the disabled and a pregnant woman. " Zhang Li (pseudonym), a resident of Miaotanzi, Chengguan District, Lanzhou, confirmed that this was because of the forced demolition, and the relocated households did have a conflict with the urban management team. Another witness, Zhang Wang (pseudonym), said, "The police even fired three shots into the air." Two teenagers who took videos and photos with their mobile phones were taken away, and resident Mao Weiguo (the second defendant in this case) was broken in two ribs. Zhang Anfang, male, born in 1957, is a nail house in Chaoyang Street, Bengbu City, Anhui Province. Zhang Anfang was detained on 20 1 10 and has been in prison for six years. Zhang Anfang's father, Zhang Yisheng, is a carpenter. During the War of Liberation, he fled from his hometown in Zoucheng, Shandong Province to Bengbu, Anhui Province. Because I bought three bungalows in Chaoyang Street, bengshan district, I named them "Zhang Anfang" as a souvenir. Zhang Anfang was detained on the grounds that he smashed an excavator two years ago-when he was fighting against administrative demolitions with bricks. The local police told Zhang Anfang's lawyer Wang that Zhang smashed the excavator of the construction party in the administrative compulsory demolition on June 30, 2009. 10/0 On October 24th, Bengbu Public Security Bureau detained Zhang Anfang on suspicion of intentionally destroying property.

Zhang Anfang's home is in Chaoyang Street, Bengbu, Anhui. In 2005, the local shanty towns were rebuilt, and the developers compensated Zhang Anfang for 4 people and 2 suites. Zhang Anfang refused to move. He asked for five suites for his brother and his father. In the process of safeguarding rights, Zhang Anfang was intimidated and hurt in the struggle against forced demolition. His family lived a life of fear without water and electricity. Relatives and friends once advised him to stop, but Zhang Anfang refused to compromise. Developers do not give in and resolutely do not meet the "excessive" requirements of the Zhang family; The government has indicated that it will strictly abide by the policy. The six-year deadlock has resulted in a lose-lose situation for all three parties.

Zhang Anfang's three-story building has been completely surrounded by new buildings in surrounding communities. In broad daylight, the Zhang family's room was dark. There is no water and electricity in his house, and a faded red banner hangs in front of the building, which reads "Welcome officials at all levels to experience life".

In order to keep the old house, Zhang Anfang borrowed a Tibetan mastiff from a friend and went to the market to buy seven dogs. Four of them are named "Bags", "Weiwei", "Every Family" and "Garden" respectively. Whenever a stranger approaches the old house, the dogs in the yard will jump out from all directions and bark. It costs more than 1000 yuan to buy dog food every month, which is Zhang Anfang's monthly income. He thought it was worth it. Since I got a dog, strangers are afraid to go near the Zhang family. Zhang Anfang also bought cameras and installed them in four directions for future evidence collection.

He has also written petition materials, most of which have sunk into the sea.

On October 30th, 2009/kloc-0, 165438+ the administrative demolitions came.

When the excavator drove to the door, Zhang Anfang stood alone on the balcony on the third floor of his house. He looked at the crowd downstairs: police, people from real estate companies, onlookers, and crowds of young people. In his panic, he forgot to turn on the generator and the camera, and subconsciously clenched the bricks in his hand. Those bricks are Zhang Anfang's plan to build a kennel on the balcony. When bricks and incendiary bottles flew downstairs, Zhang Anfang fought back with bricks. In the chaos, he was shot in the head and bleeding profusely. His wife and daughter were frightened and begged him to stop. After that, Zhang Anfang went to the hospital for examination. According to the hospital diagnosis records, the head, face and abdomen were explosive injuries.

The leader of the administrative law enforcement bureau called for a time-out, and the forced demolition could not be carried out.

20111June, the Regulations on Expropriation and Compensation of Houses on State-owned Land was promulgated and implemented, and administrative demolitions were stopped. Now, to tear down the Zhang family's house, we can only go through judicial procedures.

The demolition resistance of Zhang Anfang has affected the shantytown renovation project of Chaoyang Street. Originally scheduled for April 2009, more than 400 relocated households were all resettled. However, because Zhang refused to move, two houses could not be built, and more than 20 households could not move back to Chaoyang Street. The relocated households began to petition the government.

Wang Changshuang, secretary of bengshan district District Party Committee, came to Zhang's home, saying that he would ensure Zhang's safety, and promised to have the leaders of the administrative law enforcement bureau, public security bureau and other relevant departments sign to ensure Zhang's personal safety.

A few days later, Zhang Anfang saw the letter of guarantee signed by Wang Shuji and various departments in the street office. Zhang Anfang offered to take the guarantee home. The street disagreed, saying it was for safekeeping. "What Secretary Wang said doesn't work?" Zhang Anfang got angry and left the neighborhood office without looking back. Negotiations have been shelved again.

Zhang Anfang didn't expect that in the protracted war with the developer, his old father Zhang Yisheng died before he moved into a new house. Zhang's family believes that if there were no water and electricity, the old father would not have died so soon. 165438+1October 17, my mother was sent to hospital for emergency treatment due to heart failure, and she is still in hospital. The local street office sent someone to send flowers. The developer came to tell the Zhang family to make an offer. Zhang Anfang's wife, Wang Ailing, told us not to talk about relocation now, but to let people go first or go to court. 2012 1 65438+10/2 October1afternoon, located on the unopened avenue in front of Wenling Railway Station, Zhejiang Province. Four buildings stand high in the middle of the road, two of which are still inhabited. Although the road has not been officially opened, some vehicles pass by and have to bypass the house. According to the residents nearby, the residents didn't sign the demolition consent because the subsidized money could not meet their requirements.

Zhejiang nail house # 2012165438+1October 30th, after Luo Baogen reached a demolition agreement with the government, the government hired a moving company to move out of Luo Baogen's house overnight. While the moving company is moving things, the demolition personnel are also removing them from the roof layer by layer. 2065438+June 2005, a case of urban renewal occurred in Tingzhou Road, Zhongzheng District, Taipei. The whole plot was completed, but a family in the city said it would not be demolished. The owner's reason is not for money, but because his family is "the dragon brain of Long Mai". Demolition will lead to disaster, which is unacceptable to other Dugeng families.

Spread out the map, Mr. Luo, the owner of the nail house, said that this is in the Longkou market next to the west of Xindian, which is Longkou. Jiang Yihua's home in the former cabinet was the belly of a dragon, and NTU bred talents, so it was the womb of a dragon, with its tail extending all the way to Jingmeixi. As for his home, it is the dragon's mind; He also said that Jie Zheng was killed, the master of National Taiwan University killed his girlfriend, the air crash in Fuxing Nangang, and the harassment of Zhongxing Hospital were all because his home was demolished.

Dugengge residents said, "We really want to go home. This house won't go home. How old is the old mother? " Is there any chance to go home? Please do justice for us. "Residents who participated in the Du Geng case said that the case began to operate as early as 1994 and was finally put on file on 20 15. Of the 80 households, 79 moved out at the beginning of 20 15, and the demolition began in May, but the Luojia owners did not compromise anyway.

An official of the Taipei city government pointed out that "the consultation mechanism of this case has just begun, so we still hope to have a chance to successfully close the case." The municipal government stressed that in order to avoid forced demolition, it will continue to communicate with Luo owners, but for the other 79 households, it can only wait. This house is located at the intersection of Xianrendong Road and Xinyuan Road in Tunxi District, Huangshan City, Anhui Province, and belongs to one of the 787 relocated houses in the 20 12 shantytown renovation project. In the past three years, due to the failure to reach the intention of collecting compensation, this family's house still stands at the crossroads of the renovation project, which is called the most cattle "nail house".

On July 9, 20 15, 10, at the intersection of Xinyuan Road and Xianrendong Road in Huangshan City, Anhui Province, Huangshan City organized public security, armed police, urban management and other forces to demolish a three-story building of Fanjia, once known as the "best nail house". On March 201June 16, there was also a "nail house" in Camel Street, Ningbo, Zhejiang. A newly built road is cut off by a residential building, and vehicles can only pass around a big circle.

Only because the family did not reach a demolition agreement, the road had to take a detour. In recent years, such road "nail households" frequently appear in newspapers. Recently, a local forum in Ningbo broke the news that there are also "nail houses" in Camel Street in zhenhai district. A newly built road is cut off by a residential building, and vehicles can only pass around a big circle.

Gu Jianming, deputy director of the street office in charge of urban construction, received the reporter. For the "nail house" that netizens said, Gu Jianming also seemed somewhat helpless. He said that in fact, the actual situation is different from what netizens guessed. The core reason why this household has not been demolished is not that the conditions for demolition and resettlement have not been settled, but that there are differences within the family on how to allocate the demolished houses.