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Forced demolition and land acquisition in Xujiadian Town, Haiyang City, the Ministry of Land and Resources urgently issued an emergency order - Yingting Demolition Lawyer
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Article author：Yingting Lawyers Group | Update time：2019-08-09 | Reading times：609
In order to acquire land for the construction of key railway projects in the province, a few people from Xujiadian Town, Haiyang City, Shandong Province, decided toDemolitionThe purpose is to hire idle people to break into houses at night, intimidate and injure villagers with guns, and violently demolish houses. There are also some people who destroy plowed fields and dig up sand to resell on the pretext of important projects, but the local regulatory authorities turn a blind eye. After receiving this report and written materials, the relevant local government departments chose to remain silent.
In response to the violent land acquisitions that have occurred in individual places, on May 13, 2013, the General Office of the Ministry of Land and Resources urgently issued the "Urgent Notice on Strict Management to Avoid Illegal and Illegal Land Acquisition" (hereinafter referred to as the "Urgent Notice"), requiring further strengthening of land acquisition management, avoiding illegal and illegal land acquisition, eradicating violent land acquisition, safeguarding the legitimate rights and interests of farmers, and maintaining social harmony and stability.
The center has repeatedly warned that illegal land occupation and violence are strictly prohibited.Demolition, However, in Xujiadian Town, Haiyang City, Shandong Province, under the banner of key provincial projects, criminals not only illegally occupied farmland, dug indiscriminately, and damaged plowed fields, they also hired gang-related personnel on many occasions to intimidate and beat farmers whose land was expropriated, and carried out violent land acquisition and forced demolition. After receiving complaints from villagers, our reporter went to Xujiadian Town, Shandong Province on July 12 to learn about the situation.
"Violent beatings and threats with guns" have become a nightmare for villagers
The Qingyan-Weirong Intercity Railway (hereinafter referred to as "Qingrong Intercity Railway") is a key construction project in Shandong Province. It has a total length of 299.18 kilometers and connects the three cities of Qingdao, Yantai and Weihai. The planned speed of the project is 250 kilometers per hour, with a reserved speed of 350 kilometers per hour, which greatly shortens the travel time between the three places. The Haiyang section of Qingrong City Railway is 14.31 kilometers long, and the scale of land acquisition involves 16 villages including Tanshan Village and Qianhuaishan Village in Xujiadian Town. The project officially started on March 18, 2010 and is expected to be completed and open to traffic in 2014.
In Tanshan Village, Xujiadian Town, the reporter met Wang, a villager who was forcibly demolished. According to him, since he has not reached a compensation agreement with the government, he has never agreed to it.Demolition. At 9:50 pm on June 14, 2013, four young people climbed over the wall of the hospital and broke into his bedroom. Wang asked in panic: "Why are you doing this?" One of them replied: "Why, don't you understand? The Xujiadian Town Government asked us to come." After that, they punched, kicked and hit Wang on the head with a rock until Wang was bleeding and unconscious. Workers from a nearby construction site heard the news and came over, but the perpetrator ran away in panic when he saw someone coming. Wang's family immediately called the police, who took notes after dispatching the police, and intervened in the investigation of the case, but the case has been fruitless so far.
When the reporter interviewed Wang, he said worriedly: "The construction of Qingrong City Railway was originally a project to benefit the people, but we don't know what will happen in the future. Being beaten by innocent people has become a nightmare for our family."
Violently assaulting and intimidating villagers is not an isolated case in Xujiadian Town, Haiyang City.
Jiang from Qianhuaishan Village, Xujiadian Town told reporters that in 2012, villagers were dissatisfied with the government’s land acquisition compensation and had been approaching the Xujiadian Town Government to defend their rights, hoping to receive land acquisition compensation that complied with relevant regulations. At about 10 pm on September 5 of the same year, four people suddenly broke into the Jiang family, armed with two long knives, and beat him. One of them, Dameng, held a pistol in his hand and put it on Jiang's head and threatened, "If you don't agree to the land expropriation, I will kill you." Subsequently, the four people came to the home of villager Li to intimidate and beat him. Li was stabbed in the abdomen and forehead with knives and was sent to the hospital for treatment. When the gangsters were committing violence, they were surrounded and subdued by villagers who came after hearing the news. After the villagers called the police, the guns and long knives carried by Dameng and others were found by the police at the scene of the crime. They were taken to the town police station and then transferred to the Haiyang City Public Security Bureau. However, they were released after being detained for only three days. The case has not yet yielded any results for the victims.
The Ministry of Land and Resources urgently "shows its sword" to prevent violent demolitions
Wang told reporters: In early April 2012, land acquisition was required in several villages in Xujiadian Town due to the construction of Qingrong Urban Railway.DemolitionDuring this period, the government did not publish a land acquisition notice, nor did it come up with compensation standards for the settlement of villagers. None of my family lives in Xujiadian Town, so I don’t understand the relevant land acquisition compensation standards, so I didn’t agree to sign.Demolition. At 0:30 on June 25, 2012, a large forklift shoveled off part of the roof of my house, and the entire back slope of the house was shoveled away. After hearing the news, my family and I, who live in Haiyang City, rushed back to the Xujiadian Town Police Station to report the incident that morning. After the local police station dispatched police, they took photos and made notes, but to no avail. Worried that our house would be demolished, my wife and I moved into an old house that was now destroyed. In April 2013, the wires for temporary lighting in my house were ripped out.
On May 13, 2013, the General Office of the Ministry of Land and Resources issued an "Urgent Notice" requiring further strengthening of land acquisition management, avoiding illegal and illegal land acquisition, putting an end to violent land acquisition, safeguarding the legitimate rights and interests of farmers, and maintaining social harmony and stability. Just over a month after the "Emergency Notice" was issued, on June 18, Mr. and Mrs. Wang, who were still being treated in the hospital for being beaten, heard shocking news: at around 8:40 p.m., two unmarked black cars, a van and a large truck loaded with an excavator, as well as more than 20 civilians armed with sticks, surrounded the Wang family's house and bulldozed it with an excavator.
The Wang family in the hospital hurried home after hearing the news, but when they arrived home, the house was in ruins and all their belongings were buried. Wang said: "I called the police many times, but the police never came out, and the police who responded said that this timeDemolitionThis is the government's job and cannot be controlled. We have the recording of the call to the police as evidence. "
Wang introduced that on July 3, the intercity railway project department was working on his demolished house. However, because the house was demolished without any explanation, the Wang family called the police, and the Xujiadian Town Police Station detained the excavator used by the project department.
Government departments are "playing Tai Chi" and shirking their responsibilities
On July 15, the reporter came to the Haiyang Municipal Party Committee Propaganda Department and met Vice Minister Xu. Reporters expressed their expectation to see this land acquisitionDemolitionrelated procedures and learn about land acquisitionDemolitionCompensation standards, it is expected that the Propaganda Department can coordinate relevant leaders to accept interviews. Vice Minister Xu explained that the intercity railway project is a key project in Shandong Province, and the Xujiadian Town Government only assistsDemolitionFor work, to understand the situation, go to the railway construction section.
According to the 27th rule of the "Regulations on Expropriation and Compensation of Houses on State-owned Land": construction units are prohibited from participating in relocation activities. For this timeDemolitionThe reporter requested to interview the subject.DemolitionRelevant government departments, Vice Minister Xu contacted the person in charge of thisDemolitionLiu Jiangong, deputy secretary of Xujiadian Town, works.
At the Xujiadian Town Government, Deputy Secretary Liu told reporters that the Qingrong City Railway Haiyang SectionDemolitionThe scope of resettlement is to affect 347 rural households within 50 meters along the railway line. In 2012, 127 households were resettled in Xujiadian Town. Since this project is a key project in Shandong Province, the villagers of Xujiadian Town recognize it and are willing to cooperate.Demolition. And detailedDemolitionThe work is carried out by the Qingrong Urban Railway Project Headquarters, and the Xujiadian Town Government only assistsDemolitionHomework.Demolitionrelated procedures andDemolitionThere are notices, but they are all at the Intercity Railway Project Headquarters. The town government does not have relevant documents. If you want to know the relevant procedures, go to the Intercity Railway Project Headquarters of Haiyang Municipal Transportation Bureau.
Regarding the forced demolition of Wang’s home in Xujiadian Town, Deputy Secretary Liu told reporters: The government is aware of this matter, but it is not a government action. When the reporter pointed out that the villagers had relevant evidence to prove that it was a government action, Deputy Secretary Liu did not provide an explanation.
Later, Deputy Secretary Liu asked the town government staff to bring a copy of the document related to the victim.DemolitionLand acquisition compensation agreement signed by villagers. The reporter saw in the agreement that the villager’sDemolitionThe form of compensation is monetary compensation, and the agreement is stamped with the seal of the Qingyan-Weirong Intercity Railway Project Headquarters.
The reporter asked what the compensation standards of the agreement were? Deputy Secretary Liu said that the compensation standards are based on the evaluation report of the evaluation company. There are unified standards and the procedures are all in the intercity railway project headquarters.
Local villagers told reporters that the town government tricked the villagers into signing the compensation agreement and took it away on the pretext of taking it back with a seal. So far, the villagers have no acquired land.Demolitionagreement.
At the Haiyang Municipal Transportation Bureau, a transportation bureau employee introduced that the Qingrong Urban Railway Construction Project, the Transportation Bureau only cooperates with relevant parts and assistsDemolitionHomework, detailedDemolitionThe work is still the responsibility of the local government.
Compensation for villagers is not in place and the whereabouts of the compensation money remains a mystery
During the interview, local villagers told reporters: Since 2012, the local town government has requisitioned villagers' plowed land twice. Around July 12, 2013, the government began to measure the land again and prepare to start the third land requisition. Hundreds of acres of plowed land in Tanshan Village, Huaishan Village and other villages have been requisitioned in the previous two times.
When talking about the compensation standards for land acquisition, the villagers seemed very helpless. A villager named Sun said: According to the relevant regulations on land acquisition compensation in Yantai City, the compensation standard for land acquisition in Xujiadian Town is 32,000 yuan per mu. But when the land acquisition began, the government compensated 800 yuan per mu per year for 40 years, totaling 32,000 yuan. Most villagers disagreed, so the group approached the town government and the compensation standard increased from a one-time compensation of 8,000 yuan per mu of land to 12,000 yuan.
Subsequently, the Xujiadian Town Government forcibly transferred the land expropriation money and young crop compensation money to the "Shoumaika" (all-in-one card) account known to the villagers, and then used forklifts to shovel away the corn and other crops that were about to mature in the plowed fields, and forcibly expropriated the plowed fields.
According to Yantai City’s land requisition compensation regulations, the compensation for land requisition in Xujiadian Town is 32,000 yuan per mu. However, only 12,000 yuan was actually received by the villagers. Villagers generally believed that the town government had withheld 20,000 yuan in compensation for land acquisition per mu of land. In this regard, Deputy Secretary Liu introduced that in accordance with relevant national regulations, the remaining 20,000 yuan was transferred to the village's account as reserve funds for the village's future public welfare undertakings. How many acres of plowed land have been acquired in total? Deputy Secretary Liu said that the land acquisition was carried out by the former director of the National People's Congress. The specific number of acres was not clear.
According to Article 22 of the "Shandong Provincial Land Acquisition Management Measures" (Provincial Government Order No. 226) issued by the Shandong Provincial Government on January 1, 2011, 80% of the land expropriation compensation and resettlement fees should be paid to the land contractors, and the remaining 20% should be paid to the rural collective economic organizations whose land was expropriated for the establishment of public welfare undertakings or the construction of public facilities and infrastructure. Obviously, the land acquisition compensation paid to villagers by Xujiadian Town does not comply with relevant regulations.
Private excavation, excessive mining and destruction of plowed land, lack of government supervision
At the construction site of the Xujiadian section of the Qingrong Urban Railway, the reporter saw that south of the bridge pier was expropriated plowed land, with the farthest end about a hundred meters away from the urban railway project. On a plowed field, two excavators were working. The large plowed field was completely devastated, forming large pits of varying depths, which were filled with rainwater.
According to a villager, "The person who digs and resells the sand is paid to do it by a man named Lao Si. Since last year, these big pits have been left by sand digging. They usually dig sand secretly at night."
The villagers took the reporter to a sand field in the center of the crop field beside the road and said: "This is one of the sand fields. The excavated sand is piled here and then resold to make profits."
On August 5, the reporter reported the matter in writing to the main leaders of Haiyang City. On August 6, Deputy Director Xu of the Propaganda Department of the Haiyang Municipal Party Committee told reporters on the phone that local villagers dug sand privately for building houses. The Xujiadian Town Government has supervisory responsibilities, but does not have the power to enforce the law. Now, relevant units have been arranged to deal with private excavation and indiscriminate mining.
On August 27, villagers in Xujiadian Town reported to reporters that these sand diggers used the waste soil to backfill some of the sand pits, but the sand digging continued.
Relevant government groups remain silent
Violence in Xujiadian Town, Haiyang CityDemolitionHow did the relevant local authorities handle the vicious practice of illegal land acquisition and intimidation of villagers with guns? Are there any relevant procedures for requisitioning hundreds of acres of plowed land? Regarding the phenomenon of private excavation and indiscriminate mining on plowed land in the local area in the past year, why is the supervision department ineffective?
The State Council's "On Further Severe Land Acquisition"Demolition"Urgent Notice on Handling Work to Really Protect the Legitimate Rights and Interests of the People" clearly stipulates that rural land acquisition procedures should be strictly implemented, land acquisition compensation should be done well, supervision and management should be strengthened, and violations of laws and regulations should be investigated and punished in accordance with the law; rough means such as water cuts, power outages, and traffic obstructions are used to force people to move, as well as the use of "involvement"Demolition"和"attackDemolition"Other methods are illegal and compulsoryDemolitionThe relevant responsible units and responsible persons must be strictly held accountable. The "Urgent Notice" of the Ministry of Land and Resources also clearly stipulates that if land acquisition procedures are not standardized, compensation is not in place, and resettlement is not implemented, it is necessary to make immediate rectifications; illegal and illegal forced land acquisition must be seriously investigated and dealt with. If rectification and investigation are not carried out properly, land acquisition shall not continue.
On August 5, this newspaper reported to Haiyang Mayor Li Bo in a written interview that illegal land acquisition and violence occurred in Tanshan Village, Xujiadian Town due to construction of urban railway.Demolition, illegal land acquisition, and "gun-related, gang-related" and other issues, but failed.
Article 128 of the "Criminal Law" stipulates that anyone who illegally possesses or conceals firearms or ammunition, illegally rents or lends firearms, violates firearms management regulations, illegally possesses or conceals firearms or ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
On August 13, the newspaper carried the headline "Xujiadian Town gangsters threaten villagers with guns", reporting that at about 10 pm on September 5, 2012, four gangsters went to Huaishan Village, Xujiadian Town with guns, threatened and injured villagers for their work, and reported in writing to the main leaders of the Yantai Municipal Public Security Bureau, but to no avail.
Article 36 of the "China Land Management Law" stipulates that it is prohibited to occupy plowed land to build kilns or tombs, or to build houses on plowed land without permission, dig sand, quarry, or take soil, etc. Article 74 Anyone who violates the provisions of this law by occupying plowed land to build kilns or tombs or building houses on plowed land without authorization, digging sand, quarrying, or taking soil, etc., thereby damaging planting conditions, or causing desertification or salinization of land due to land development, shall be ordered by the land administration department of the people's government at or above the county level to make corrections within a time limit or be rectified, and may also be fined; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
On August 13, the newspaper carried the headline "Illegal personnel in Xujiadian, Haiyang City, dug and resold sand in crop fields", reporting that some people in Xujiadian Town were digging and reselling sand in villagers' crop fields, illegally occupying land, and reported it in writing to the chief leaders of the Yantai City Land and Resources Bureau, but to no avail.
In response to the violent land acquisitions that have occurred in individual places, on May 13, 2013, the General Office of the Ministry of Land and Resources urgently issued the "Urgent Notice on Strict Management to Avoid Illegal and Illegal Land Acquisition" (hereinafter referred to as the "Urgent Notice"), requiring further strengthening of land acquisition management, avoiding illegal and illegal land acquisition, eradicating violent land acquisition, safeguarding the legitimate rights and interests of farmers, and maintaining social harmony and stability.
The center has repeatedly warned that illegal land occupation and violence are strictly prohibited.Demolition, However, in Xujiadian Town, Haiyang City, Shandong Province, under the banner of key provincial projects, criminals not only illegally occupied farmland, dug indiscriminately, and damaged plowed fields, they also hired gang-related personnel on many occasions to intimidate and beat farmers whose land was expropriated, and carried out violent land acquisition and forced demolition. After receiving complaints from villagers, our reporter went to Xujiadian Town, Shandong Province on July 12 to learn about the situation.
"Violent beatings and threats with guns" have become a nightmare for villagers
The Qingyan-Weirong Intercity Railway (hereinafter referred to as "Qingrong Intercity Railway") is a key construction project in Shandong Province. It has a total length of 299.18 kilometers and connects the three cities of Qingdao, Yantai and Weihai. The planned speed of the project is 250 kilometers per hour, with a reserved speed of 350 kilometers per hour, which greatly shortens the travel time between the three places. The Haiyang section of Qingrong City Railway is 14.31 kilometers long, and the scale of land acquisition involves 16 villages including Tanshan Village and Qianhuaishan Village in Xujiadian Town. The project officially started on March 18, 2010 and is expected to be completed and open to traffic in 2014.
In Tanshan Village, Xujiadian Town, the reporter met Wang, a villager who was forcibly demolished. According to him, since he has not reached a compensation agreement with the government, he has never agreed to it.Demolition. At 9:50 pm on June 14, 2013, four young people climbed over the wall of the hospital and broke into his bedroom. Wang asked in panic: "Why are you doing this?" One of them replied: "Why, don't you understand? The Xujiadian Town Government asked us to come." After that, they punched, kicked and hit Wang on the head with a rock until Wang was bleeding and unconscious. Workers from a nearby construction site heard the news and came over, but the perpetrator ran away in panic when he saw someone coming. Wang's family immediately called the police, who took notes after dispatching the police, and intervened in the investigation of the case, but the case has been fruitless so far.
When the reporter interviewed Wang, he said worriedly: "The construction of Qingrong City Railway was originally a project to benefit the people, but we don't know what will happen in the future. Being beaten by innocent people has become a nightmare for our family."
Violently assaulting and intimidating villagers is not an isolated case in Xujiadian Town, Haiyang City.
Jiang from Qianhuaishan Village, Xujiadian Town told reporters that in 2012, villagers were dissatisfied with the government’s land acquisition compensation and had been approaching the Xujiadian Town Government to defend their rights, hoping to receive land acquisition compensation that complied with relevant regulations. At about 10 pm on September 5 of the same year, four people suddenly broke into the Jiang family, armed with two long knives, and beat him. One of them, Dameng, held a pistol in his hand and put it on Jiang's head and threatened, "If you don't agree to the land expropriation, I will kill you." Subsequently, the four people came to the home of villager Li to intimidate and beat him. Li was stabbed in the abdomen and forehead with knives and was sent to the hospital for treatment. When the gangsters were committing violence, they were surrounded and subdued by villagers who came after hearing the news. After the villagers called the police, the guns and long knives carried by Dameng and others were found by the police at the scene of the crime. They were taken to the town police station and then transferred to the Haiyang City Public Security Bureau. However, they were released after being detained for only three days. The case has not yet yielded any results for the victims.
The Ministry of Land and Resources urgently "shows its sword" to prevent violent demolitions
Wang told reporters: In early April 2012, land acquisition was required in several villages in Xujiadian Town due to the construction of Qingrong Urban Railway.DemolitionDuring this period, the government did not publish a land acquisition notice, nor did it come up with compensation standards for the settlement of villagers. None of my family lives in Xujiadian Town, so I don’t understand the relevant land acquisition compensation standards, so I didn’t agree to sign.Demolition. At 0:30 on June 25, 2012, a large forklift shoveled off part of the roof of my house, and the entire back slope of the house was shoveled away. After hearing the news, my family and I, who live in Haiyang City, rushed back to the Xujiadian Town Police Station to report the incident that morning. After the local police station dispatched police, they took photos and made notes, but to no avail. Worried that our house would be demolished, my wife and I moved into an old house that was now destroyed. In April 2013, the wires for temporary lighting in my house were ripped out.
On May 13, 2013, the General Office of the Ministry of Land and Resources issued an "Urgent Notice" requiring further strengthening of land acquisition management, avoiding illegal and illegal land acquisition, putting an end to violent land acquisition, safeguarding the legitimate rights and interests of farmers, and maintaining social harmony and stability. Just over a month after the "Emergency Notice" was issued, on June 18, Mr. and Mrs. Wang, who were still being treated in the hospital for being beaten, heard shocking news: at around 8:40 p.m., two unmarked black cars, a van and a large truck loaded with an excavator, as well as more than 20 civilians armed with sticks, surrounded the Wang family's house and bulldozed it with an excavator.
The Wang family in the hospital hurried home after hearing the news, but when they arrived home, the house was in ruins and all their belongings were buried. Wang said: "I called the police many times, but the police never came out, and the police who responded said that this timeDemolitionThis is the government's job and cannot be controlled. We have the recording of the call to the police as evidence. "
Wang introduced that on July 3, the intercity railway project department was working on his demolished house. However, because the house was demolished without any explanation, the Wang family called the police, and the Xujiadian Town Police Station detained the excavator used by the project department.
Government departments are "playing Tai Chi" and shirking their responsibilities
On July 15, the reporter came to the Haiyang Municipal Party Committee Propaganda Department and met Vice Minister Xu. Reporters expressed their expectation to see this land acquisitionDemolitionrelated procedures and learn about land acquisitionDemolitionCompensation standards, it is expected that the Propaganda Department can coordinate relevant leaders to accept interviews. Vice Minister Xu explained that the intercity railway project is a key project in Shandong Province, and the Xujiadian Town Government only assistsDemolitionFor work, to understand the situation, go to the railway construction section.
According to the 27th rule of the "Regulations on Expropriation and Compensation of Houses on State-owned Land": construction units are prohibited from participating in relocation activities. For this timeDemolitionThe reporter requested to interview the subject.DemolitionRelevant government departments, Vice Minister Xu contacted the person in charge of thisDemolitionLiu Jiangong, deputy secretary of Xujiadian Town, works.
At the Xujiadian Town Government, Deputy Secretary Liu told reporters that the Qingrong City Railway Haiyang SectionDemolitionThe scope of resettlement is to affect 347 rural households within 50 meters along the railway line. In 2012, 127 households were resettled in Xujiadian Town. Since this project is a key project in Shandong Province, the villagers of Xujiadian Town recognize it and are willing to cooperate.Demolition. And detailedDemolitionThe work is carried out by the Qingrong Urban Railway Project Headquarters, and the Xujiadian Town Government only assistsDemolitionHomework.Demolitionrelated procedures andDemolitionThere are notices, but they are all at the Intercity Railway Project Headquarters. The town government does not have relevant documents. If you want to know the relevant procedures, go to the Intercity Railway Project Headquarters of Haiyang Municipal Transportation Bureau.
Regarding the forced demolition of Wang’s home in Xujiadian Town, Deputy Secretary Liu told reporters: The government is aware of this matter, but it is not a government action. When the reporter pointed out that the villagers had relevant evidence to prove that it was a government action, Deputy Secretary Liu did not provide an explanation.
Later, Deputy Secretary Liu asked the town government staff to bring a copy of the document related to the victim.DemolitionLand acquisition compensation agreement signed by villagers. The reporter saw in the agreement that the villager’sDemolitionThe form of compensation is monetary compensation, and the agreement is stamped with the seal of the Qingyan-Weirong Intercity Railway Project Headquarters.
The reporter asked what the compensation standards of the agreement were? Deputy Secretary Liu said that the compensation standards are based on the evaluation report of the evaluation company. There are unified standards and the procedures are all in the intercity railway project headquarters.
Local villagers told reporters that the town government tricked the villagers into signing the compensation agreement and took it away on the pretext of taking it back with a seal. So far, the villagers have no acquired land.Demolitionagreement.
At the Haiyang Municipal Transportation Bureau, a transportation bureau employee introduced that the Qingrong Urban Railway Construction Project, the Transportation Bureau only cooperates with relevant parts and assistsDemolitionHomework, detailedDemolitionThe work is still the responsibility of the local government.
Compensation for villagers is not in place and the whereabouts of the compensation money remains a mystery
During the interview, local villagers told reporters: Since 2012, the local town government has requisitioned villagers' plowed land twice. Around July 12, 2013, the government began to measure the land again and prepare to start the third land requisition. Hundreds of acres of plowed land in Tanshan Village, Huaishan Village and other villages have been requisitioned in the previous two times.
When talking about the compensation standards for land acquisition, the villagers seemed very helpless. A villager named Sun said: According to the relevant regulations on land acquisition compensation in Yantai City, the compensation standard for land acquisition in Xujiadian Town is 32,000 yuan per mu. But when the land acquisition began, the government compensated 800 yuan per mu per year for 40 years, totaling 32,000 yuan. Most villagers disagreed, so the group approached the town government and the compensation standard increased from a one-time compensation of 8,000 yuan per mu of land to 12,000 yuan.
Subsequently, the Xujiadian Town Government forcibly transferred the land expropriation money and young crop compensation money to the "Shoumaika" (all-in-one card) account known to the villagers, and then used forklifts to shovel away the corn and other crops that were about to mature in the plowed fields, and forcibly expropriated the plowed fields.
According to Yantai City’s land requisition compensation regulations, the compensation for land requisition in Xujiadian Town is 32,000 yuan per mu. However, only 12,000 yuan was actually received by the villagers. Villagers generally believed that the town government had withheld 20,000 yuan in compensation for land acquisition per mu of land. In this regard, Deputy Secretary Liu introduced that in accordance with relevant national regulations, the remaining 20,000 yuan was transferred to the village's account as reserve funds for the village's future public welfare undertakings. How many acres of plowed land have been acquired in total? Deputy Secretary Liu said that the land acquisition was carried out by the former director of the National People's Congress. The specific number of acres was not clear.
According to Article 22 of the "Shandong Provincial Land Acquisition Management Measures" (Provincial Government Order No. 226) issued by the Shandong Provincial Government on January 1, 2011, 80% of the land expropriation compensation and resettlement fees should be paid to the land contractors, and the remaining 20% should be paid to the rural collective economic organizations whose land was expropriated for the establishment of public welfare undertakings or the construction of public facilities and infrastructure. Obviously, the land acquisition compensation paid to villagers by Xujiadian Town does not comply with relevant regulations.
Private excavation, excessive mining and destruction of plowed land, lack of government supervision
At the construction site of the Xujiadian section of the Qingrong Urban Railway, the reporter saw that south of the bridge pier was expropriated plowed land, with the farthest end about a hundred meters away from the urban railway project. On a plowed field, two excavators were working. The large plowed field was completely devastated, forming large pits of varying depths, which were filled with rainwater.
According to a villager, "The person who digs and resells the sand is paid to do it by a man named Lao Si. Since last year, these big pits have been left by sand digging. They usually dig sand secretly at night."
The villagers took the reporter to a sand field in the center of the crop field beside the road and said: "This is one of the sand fields. The excavated sand is piled here and then resold to make profits."
On August 5, the reporter reported the matter in writing to the main leaders of Haiyang City. On August 6, Deputy Director Xu of the Propaganda Department of the Haiyang Municipal Party Committee told reporters on the phone that local villagers dug sand privately for building houses. The Xujiadian Town Government has supervisory responsibilities, but does not have the power to enforce the law. Now, relevant units have been arranged to deal with private excavation and indiscriminate mining.
On August 27, villagers in Xujiadian Town reported to reporters that these sand diggers used the waste soil to backfill some of the sand pits, but the sand digging continued.
Relevant government groups remain silent
Violence in Xujiadian Town, Haiyang CityDemolitionHow did the relevant local authorities handle the vicious practice of illegal land acquisition and intimidation of villagers with guns? Are there any relevant procedures for requisitioning hundreds of acres of plowed land? Regarding the phenomenon of private excavation and indiscriminate mining on plowed land in the local area in the past year, why is the supervision department ineffective?
The State Council's "On Further Severe Land Acquisition"Demolition"Urgent Notice on Handling Work to Really Protect the Legitimate Rights and Interests of the People" clearly stipulates that rural land acquisition procedures should be strictly implemented, land acquisition compensation should be done well, supervision and management should be strengthened, and violations of laws and regulations should be investigated and punished in accordance with the law; rough means such as water cuts, power outages, and traffic obstructions are used to force people to move, as well as the use of "involvement"Demolition"和"attackDemolition"Other methods are illegal and compulsoryDemolitionThe relevant responsible units and responsible persons must be strictly held accountable. The "Urgent Notice" of the Ministry of Land and Resources also clearly stipulates that if land acquisition procedures are not standardized, compensation is not in place, and resettlement is not implemented, it is necessary to make immediate rectifications; illegal and illegal forced land acquisition must be seriously investigated and dealt with. If rectification and investigation are not carried out properly, land acquisition shall not continue.
On August 5, this newspaper reported to Haiyang Mayor Li Bo in a written interview that illegal land acquisition and violence occurred in Tanshan Village, Xujiadian Town due to construction of urban railway.Demolition, illegal land acquisition, and "gun-related, gang-related" and other issues, but failed.
Article 128 of the "Criminal Law" stipulates that anyone who illegally possesses or conceals firearms or ammunition, illegally rents or lends firearms, violates firearms management regulations, illegally possesses or conceals firearms or ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or control; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
On August 13, the newspaper carried the headline "Xujiadian Town gangsters threaten villagers with guns", reporting that at about 10 pm on September 5, 2012, four gangsters went to Huaishan Village, Xujiadian Town with guns, threatened and injured villagers for their work, and reported in writing to the main leaders of the Yantai Municipal Public Security Bureau, but to no avail.
Article 36 of the "China Land Management Law" stipulates that it is prohibited to occupy plowed land to build kilns or tombs, or to build houses on plowed land without permission, dig sand, quarry, or take soil, etc. Article 74 Anyone who violates the provisions of this law by occupying plowed land to build kilns or tombs or building houses on plowed land without authorization, digging sand, quarrying, or taking soil, etc., thereby damaging planting conditions, or causing desertification or salinization of land due to land development, shall be ordered by the land administration department of the people's government at or above the county level to make corrections within a time limit or be rectified, and may also be fined; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
On August 13, the newspaper carried the headline "Illegal personnel in Xujiadian, Haiyang City, dug and resold sand in crop fields", reporting that some people in Xujiadian Town were digging and reselling sand in villagers' crop fields, illegally occupying land, and reported it in writing to the chief leaders of the Yantai City Land and Resources Bureau, but to no avail.
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