November 22nd CCTV "economic half-hour" programme reported six months ago the media reported in detail I also commented on the Shanghai Minhang District demolitions case, make the illegal demolitions of events in 2008 once again become the focus of public opinion. In the production process of this program, researchers make CCTV "economic half-hour" program also makes a long time telephone consultation to me. Last weekend Zhang Sizhi teacher's birthday, a group of us younger teachers celebrate during the dinner, the defense lawyer Xia Lin told me, "economic half-hour" reporter also interviewed me for the case, but to show no news, I fear that the show was "harmony".

   Fortunately the November 22nd broadcast. Since then, many of my friends want me to talk about bit of view, I dragged two reasons not to write a few days: one is the consistent viewpoint I may be some sensitive, not by some people love and cause unnecessary controversy. Two is my occurred in this matter, and the Shanghai city Minhang District has had several informal meetings, from the same plots the illegal demolition "Oriental China World Trade Center" market make hundreds of owners get to deal with the aftermath of lotus residential building collapse events also differ, make me in this area are very worried about the rule of law state.

   However, as the practice and legal professionals, in this case the people concerned do not say the loss of responsibility too, so still sing the same old song.

   The demolitions of disputes, people think that some local government officials with "Regulations" City Housing Units management as the demolitions seems legitimate basis, and to be taken with "property law" and the government officials argue theories are rational. So will this incident as merely being fierce clashes between the removal and relocation of people and the government of Minhang District, as is the conflict between the administrative regulations and laws. For example, subject to levy and demolition of the compulsory measures and so on, provisions of laws and regulations do not like.And I think, if only is the conflict between the individual and the administrative rules and regulations and laws that must be a very simple thing, it is easy to solve the problem through legislation. And the fact that the dispute is not simple is the conflict between the individual and the administrative rules and regulations and laws, but the demolitions flooding. From a legal point of view, behind the conflict between the administrative regulations and the law is the ruling party of people there is a mistake in the ruling strategy, whether or not we should adhere to the principle of ruling the country by law? If you want to truly represent the interests of the masses? The ultimate question is our ruling for who?

  Obviously, the legislative law law is better than that of administrative regulations are common sense. Since the "Regulations" and "property law" in conflict, former Minister of the Ministry of construction on behalf of the State Council in 2007 August 24th also said that because the "Regulations" and "property law" in conflict will stop the execution of the "legislative interpretation", why are people holding "Regulations" City Housing Units management as the demolitions basis? Obviously the "rule of law" concept in the ruling party is no consensus, in the community has not become minimum standards and moral bottom line. So, this is contrary to the Constitution and the law of administrative regulations became "Stinky tofu", although the smell incense is still behind the interest.

   Let us have a look about the process of legislation and regulations, will experience a deeper. According to the July 1, 2000 implementation of the "legislation law" article eighth "the following matters can only make the law" provisions, "(six) levies on non-state-owned property; (seven) the civil basic system" can only make the law, the administrative organ has no right to formulate the related administrative regulations.

   But in the "legislation law" after the implementation of the State Council in June 13, 2001 305 orders were issued a revised "City Housing Units Management Ordinance", "Regulations" legislative procedure to remove itself violates the "legislative law" provisions, its contents are three major is caused by the change of the old regulations of anger. One is not distinguish whether the public interest and will be taken as an administrative license, the violation of citizen's housing security, the Constitution and the criminal law "residential citizens without permission shall not enter a non empty". The two is a modified "City Housing Demolition Management Regulations" will be the last place (i.e. property right exchange) into according to market valuation compensation, then the demolition of the houses were severely devalued, it is relocated people suffer the most. Three is to strengthen the "administrative reconsideration and litigation" does not affect the execution of the arbitral award, the demolitions binge is likely the people off to keep the house, lead to the intensification of contradictions.

   In 2004 March, "the constitution" amendment ratified gives our country brought new light. Among them, the tenth section third "countries in need of public interest, may requisition land for its use in accordance with the law." Is amended as: "the state in the public interest needs, can expropriate the land and give compensation in accordance with the law."

    Article thirteenth of the constitution "the state protects the right of citizens lawfully earned income, savings, houses and other lawful property." "The state protects by law the right of citizens to inherit private property." Is amended as: "the lawful private property of citizens are not violated." "The country in accordance with the law to protect citizens to inherit private property right." "Countries in need of public interest, can be imposed on the private property of citizens or requisition and compensation in accordance with the law."

One paragraph is added to Article thirty-third of the constitution, as the third paragraph: "the state respects and safeguards human rights".

  The constitution recognizes the national protection of human rights and lawful private property is happy. When I read these terms, I feel we the country under the rule of law is expected to.

   However, we do not think our party whether the rule of law this apparent principle in practice competition into a major controversy. Moreover, the argument that it is very clear to show in front of us. The legislative process is not flat after.

   On 2005, "property law" legislation, seems to rule the country by law prevailed. "Property law" stipulates that the forty-second " needs in the public interest, in accordance with the law of the jurisdiction and the program can collect all of the land and collective units, individual housing and other real estate.

The expropriation of collectively owned land, shall make full payment of land compensation fees, resettlement fees, ground attachments and young crops compensation fee, arrangements for land expropriated farmers social security costs, guarantee farmers life, safeguard the legitimate rights and interests of farmers by land acquisition.

Collection units, individual housing and other real estate, relocation compensation should be given in accordance with the law, safeguard the legitimate rights and interests of the expropriated; collection of personal housing, should also be imposed to protect people's living conditions.

No entity or individual may embezzle, misappropriate, privately divide, retain, delay in the payment of the compensation fees".

However, "property law" in accordance with the constitution principle to implement the laws and regulations and other low level, rules and even red head file. First, many officials do not recognize the former Minister of the Ministry of construction in 2007 August 24th on behalf of the State Council to the National People's Congress said, "Regulations" to stop the implementation of conference, but denied that the "City Housing Demolition Management Regulations" has been suspended, still in accordance with the "Regulations" some to deny and overhead the demolition of private houses property rights, Shanghai city Minhang District's illegal judicial demolitions decision will be derived from this. The second is the land around the financial problems, the central organs concerned did not come up with a solution, a place to land reserve demolition sell for the real reason name.

In addition, this case let me another reason is very concerned about the enforcement is not only the existence of the problem of the poor legal awareness, also has the flaw of human nature. Video display demolitions of, not only the demolition of the adult in the upstairs "resistance" (acts on whether I do not make the evaluation), there are only 5 years old children in the room, but still ruthless to the housing excavator digging, fortunately no casualties. I felt very uncomfortable. In the lecture me about the law all the training, lectures, for the mandatory removal procedure I will tell a "real separation" principle. Because all the demolitions of the decision and the participants are the children or parents, brothers and sisters, humanity is our foundation. So I to the jiangca action command human question.

There is an indisputable fact, our discipline and law enforcement on illegal units including illegal demolitions, violence demolition combat ineffective. Often a "government behavior" will not accept public reporting, even if the case was work not output, so that many criminals be still unpunished. In addition to the Liaoning Benxi Cutts murder a still comply with the constitutional principle of results, because the domestic murder demolition is rarely dealt with according to law, the result is fed by a number of corrupt officials and the triad of arrogance, or even violence relocates the disaster caused by flooding water around the illegal removal.

   The illegal removal before, can we maintain the dignity of the Constitution and laws, to determine our future and destiny of the country, is related to the immediate interests of every Chinese things.

   Specific to the implementation of the compulsory demolition dispute we care about Shanghai city Minhang District is the crux of the problem: the constitutional and legal principles should be administrative regulations implemented, should be in awe of the law enforcement officers, all members of society. "Obviously, the constitutionality and legality of regulations" City Housing Units management is a legal issues. And this knowledge into behind the question is whether we should run the country according to law, whether to truly represent the masses rather than representing a handful of equity interests.

     Perhaps the demolitions of the organizers say, forced relocation to construction and economic development, to the seriousness of effective legal instruments to the dignity of the law and administrative command. But these people forget the party constitution and the Constitution says put one's heart and soul into serving the people, forget the construction and economic development achievements firstly is to let people share, let people's satisfaction. Only a short while ago, the masses of the people and the government is to be related by flesh and blood, is the fish and water. Even if the absurd "Cultural Revolution", people have been so widely and the fierce confrontation grass-roots government and court action. As a basic organization, can't call on the masses to actively support the government's decision, and cause a large area of the opposition, in addition to the procedure is legitimate, then there are two possibilities: either the decision is to damage the interests of the masses of the people move, or is the executor can make correct decisions without, people can not understand and support the government.

   Let us officials thought.

On the matter of my article last year:

In the face of the demolition, Shanghai comrades ah, my grief!

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