Notice of Baoding Leading Group for Housing System Reform on Further Deepening the Reform of Urban Housing System, Implementing Monetary Distribution of Housing and Accelerating Housing Construction

On the only way to work every day, there is a half-demolished residential building. Why hasn't it been finished? You will understand after reading the picture, otherwise you will be more confused. The building was demolished to widen the road, but it was not finished because some people did not move it (the building belongs to the residential building of Baoding Thermal Power Plant and is basically empty). I can't say who is right or wrong, because I have my own job and have no time to investigate this matter. I saw the best nail house in Chongqing and had a hot discussion on the Internet. I remembered this residential building that passed by every day and saw those two shocking slogans. Maybe you can get used to it once a day, and you can't stir up ripples in your heart anymore. I think this kind of thing will happen in any city in China, and it's different, so everyone is normal, right? Taking this as a record will remind everyone of the embarrassment we will encounter in the process of urban construction in the future, and will also cause us to think about this issue.

Since 2005, Datang Baoding Thermal Power Plant has accepted the notice of "simultaneous construction of Le Kai Street widening and reconstruction and heating network project", and demolished residential buildings facing the street for employees. However, by September 2006, the project was drawing to a close and the building had not been demolished. The employees who have moved out have not received the relocation compensation so far, and the promised relocation house is also indefinite. Living without a fixed address, renting a house will confiscate a penny. The workers complained about this, pointing out that the demolition was illegal and the compensation for demolition was suspected of corruption.

If yes, what is the demolition?

What is the reason for the demolition?

On June 14, 2005, Datang Baoding Thermal Power Plant issued a Notice of Demolition to employees, stating that "due to the need of widening and reconstruction of Le Kai Street and simultaneous construction of heating network project, our factory needs to demolish a living area1-18 and 42-43 units within the time limit set by the municipal government". This notice fully shows that the demolition is a government construction project.

The widening of Le Kai Street requires 30 meters from the center of the road to both sides, and the pipeline to be laid in the heating network project should be at the edge of the road. However, by August 2006, the expressway construction was drawing to a close, and the staff residential building was still 30 meters away, so there was no need to demolish it. The heating network pipeline is laid at a distance of about 1 m from the building wall, and there is no need to demolish the building. In the south of the dormitory building and the north of Qiyi Road, many buildings that meet (even exceed) residential buildings have not been demolished. Because the staff residential building is 30 meters away, it should be clearly marked on the road widening plan; Since it is not necessary to demolish employees' residential buildings for road widening and heating network transformation, why do thermal power plants require employees to move out and demolish residential buildings that have lived for many years?

In response to this question, the thermal power plant, as the person in charge of the demolition, failed to make a clear clarification, saying that the demolition was "accepting the demolition notice of Baoding City Road Network Construction Command". As for whether the residential buildings facing the street must be demolished for road widening and road network reconstruction, it is a suspense for employees, so that some employees expressed doubts: "In fact, some people have expanded the compensation for demolition in the name of the government."

The thermal power plant deducts 60% of the compensation for employee relocation.

On June 2, 2005, the thermal power plant held a "workers' congress" to carry out demolition and resettlement, and made a document "Implementation Measures for Demolition and Resettlement of Building No.4 and Building No.5 of Datang Baoding Thermal Power Plant [2005]". The measures have provisions for the compensation of the employees who have been taken:

3. Average house demolition price: 65,438 yuan +0.280 yuan/building square meter, with an annual depreciation rate of 2% (depreciation period up to 2005).

According to the document number. The price of ordinary modular buildings in the Notice on Urban Housing Classification, Subsidies for Ancillary Facilities, Benchmark Price and Replacement Price of Baoding City (No.(2004)0 17) issued by Baoding Housing Demolition and Resettlement Management Office and Baoding Price Bureau is per square meter 1400 yuan. Then, how was it determined to be 65,400 yuan per square meter at the workers' congress held in the thermal power plant? Obviously, this price has not been evaluated and has not gone through formal legal procedures. In fact, Li Zhaoling, a property company, admitted that she did not evaluate the self-determined price.

What is the reason for the annual depreciation of 2%? The building was built in 1975, and it will be 30 years by 2005, with 60% of depreciation deducted, and 60% will be deducted no matter which year employees move in. If the employee's housing area is 53 square meters, then 1 10 households will be deducted 4-5 million yuan. Where did the millions of compensation go? Faced with the low price of only 5 12 yuan per square meter, workers have said: "Demolition is not about buying and selling houses, but how much is a square meter, why should it be depreciated?" "The basement is in 550 yuan. Isn't our house even inferior to the basement? "

Moreover, this kind of placement itself has been opposed by workers: "The head of the meeting is the director or group leader of each workshop and department without the knowledge of the workers. Their houses are not included in the demolition and do not represent the interests of workers. This meeting has no right to speak at all. " "If we don't publish that document, we won't even know about this meeting." "This meeting was not entrusted or agreed by our property owners, but unilaterally acquired our housing. This is a strong buy and sell! "

However, thermal power plants have no right to ask questions or negotiate with employees. After the release of the resettlement measures, employees only have time to sign out and have no opportunity to express their objections.

Employee: We were kicked out of the residential building.

The "Implementation Measures" stipulate the relocation period as follows:

Complete the relocation before June 28, 2005. Each household that completes the relocation within the specified time will be rewarded with 5000 yuan.

Although this method was questioned by workers as "illegal", workers did not have the opportunity to express their opinions and refute them. They can only sign and act according to the written agreement of the factory. "There is no negotiation. Why is it called an agreement? " In a complaint entitled "Violation of Law and Discipline, Law and Party Discipline" signed by dozens of employees, many unreasonable phenomena in the process of demolition were described:

During the demolition of Baoding Thermal Power Plant, measures such as water, electricity, gas, heating, work, shift, labor reform, bonus, medical expenses, closing the pension insurance account, and being laid off for work were explicitly prohibited by the State Council and the Ministry of Construction, threatening the employees who were demolished to take photos, so as to take advantage of evil forces to retaliate. From the workshop to the team, from the party to the party, put pressure on employees to quit as soon as possible. Jia Qingguo, a retired worker, was seriously ill and died within a week, because he argued endlessly and didn't want to be ruled. In order to prevent the situation from deteriorating, the construction bureau and the thermal power plant had to relocate one set of housing instead of two sets. Another example is employee Zhang Muchun, who was hospitalized due to work-related injuries and was forced to stop hospitalization. Because they did not participate in the housing reform, they should be compensated according to the demolition regulations, but the Construction Bureau and the thermal power plant refused to implement the national demolition laws and regulations and the housing reform policy, forcing them to sign an agreement in accordance with the "Demolition Measures" of the thermal power plant. Employees Jia Qinghua, Fan Weidong and Zhang Baosheng were laid off to sweep the floor. What's more, a leader of the factory trade union said: "We must obey unconditionally and move unconditionally" and "the power is greater than the law on the issue of demolition". The leader of a property company said: "The thermal power plant has its own method of demolition, and the city regulations don't work" and other extremely irresponsible remarks coerced employees to move, which had a very bad influence on the employees.

In the Decision on Handling Illegal Relocated Personnel issued by the Human Resources Department on August 26th, 2005 to employees who have not moved within the time limit, it is stated as follows:

According to the road reconstruction plan of Baoding, it involves the demolition of a street building in the living area of our factory, and you yourself are among the demolition. As an employee of a power plant, you should have a sense of the overall situation. Considering the development of power plants, you only care about your family and your personal interests, regardless of the interests of enterprises. After many painstaking efforts, your ideological understanding has not been improved. The time limit for relocation stipulated by Baoding City has come, and if you don't move, it will directly affect the image and construction of our factory. After research by the factory department, it is treated as waiting for work. Reported to the property management company at 6: 00 on August 26th, 2005/KLOC-0.

I. Treatment during the waiting period

1, and the living expenses are paid in the form of 520 yuan every month. 2. Stop all bonuses.

3, enterprise annuity, housing provident fund enterprises to stop paying, sealed accounts. 4. Cancel all kinds of benefits.

2. Waiting period management: 1. I report to the property management company after receiving the decision, and those who fail to report after the deadline will be treated as automatic resignation. 2. During the waiting period, I must strictly implement the Detailed Rules for the Implementation of Attendance Management in Baoding Thermal Power Plant, go to work on time, strictly abide by all the rules and regulations in the factory, and give administrative sanctions to those who disobey management, violate factory regulations and discipline, and pester troublemakers, depending on the seriousness, until they are expelled from the factory. ...

Under the pressure of the factory, most employees were forced to sign the demolition agreement and moved out of the residential building in less than a week. .......

Appeal to the court: poor households who refuse to move.

One year after the demolition, the building is still intact, and there is still a worker living in the empty building. Slogans such as "illegal demolition, forbidden by national law" and "persecuting martyrs and defending rights and interests to the death" have been hung on the streets for a year.

Building 1 15 is designated for demolition, and there are16,5438+00 households, of which 107 households participated in the housing reform in 2000, and this household has paid for its own house and obtained the ownership of the house. Only Zhang Muchun lived in Room 203, Building 4 as a tenant, so before the demolition, Zhang Muchun asked for housing reform to obtain housing property rights, but the factory refused Zhang Muchun's request on the grounds that "the housing reform problem is not in the scope of this demolition" and "the housing reform policy has stopped", which led to the failure of both parties to reach a demolition agreement.

Therefore, Baoding Construction Bureau held the first demolition hearing on September 24th. The meeting decided that Datang Baoding Thermal Power Plant would solve Zhang Muchun's housing problem and rent a transitional house in the cotton mill for him to live in. However, because the factory did not pay the rent for Zhang Muchun as agreed, the door was pried, the lock was changed, and the property was stolen, so it was impossible to enter. After verification, it is Li Zhaoling from Kaida Property Company. Then I found him another house in the second living area of the power plant, but soon after, the door was pried and the furniture was thrown downstairs. Interrogated by the police station, the suspects involved in this illegal burglary and looting of private money were actually government officials such as Zhang Li, head of the Legal Department of Baoding Housing Demolition Management Office, who organized social evil forces.

As the compensation for demolition can't be settled through consultation, in June 2005, Baoding Construction Bureau, at the request of Baoding Urban Management Bureau, made an award of J.C.J.Zi. (2005) No.005 on June 8, 2005, rejecting Zhang Muchun's housing reform policy on the grounds that it was beyond the scope of the Demolition Law. On October 29th, 65438/kloc-0, Baoding Construction Bureau held another hearing on forced demolition, and issued a notice of forced demolition on February 6th, 65438, and completed the demolition within 15 days. However, according to the existing laws and regulations, there is no provision to stop housing reform. Because there is no evidence to preserve Zhang Muchun, it is impossible to demolish him. (See Annex 2) Since then, Zhang Muchun has filed a lawsuit against Baoding Construction Bureau.

On June 5, 2006, the People's Court of Xincheng District of Baoding City made an administrative judgment of (2006) Xin Xing Zi Chu No.2, and upheld the ruling of (2005)005 made by Baoding Construction Bureau on June 8, 2005. Reject the plaintiff Zhang Muchun's claim to buy a house according to the housing reform policy. Zhang Muchun subsequently filed an appeal. On August 7, 2006, the Intermediate People's Court of Baoding City, Hebei Province made a judgment (2006) No.34, which still rejected the appellant's claim on the grounds that it was "not within the scope of this case".

However, Zhang Muchun's attorney clearly stated in the lawyer's letter in this case that the appellee in this case has an interest relationship with the demolished person in this case and the demolition construction project. According to relevant laws and regulations, his subjective qualification as an administrative adjudicator is illegal. Therefore, the ruling involved in this case is seriously illegal in procedure. The fact that the appellee and the third party abused their discretion is clear.

According to the industrial and commercial registration files and related materials obtained by Zhang Muchun in Baoding Industrial and Commercial Bureau, it can be known that one of the reasons and projects for the demolition and reconstruction of Le Kai Street is the reconstruction project of heating network, which was implemented by Baoding Thermal Power Co., Ltd. (hereinafter referred to as the Thermal Power Company). The shareholders of this heating company include four shareholders: the demolished person, Datang Baoding Thermal Power Plant and Baoding garbage removal pipeline dredging team (hereinafter referred to as the garbage team), among which the garbage team contributed 6.5 million yuan in cash, accounting for 13% of the total shares of the heating company. The nature of the garbage team is directly under the people's government, and its superior competent unit is the appellee Baoding Construction Bureau. Second, the housing reform policy has never stopped at least in the units that have been demolished. On the contrary, it will be accelerated because of the upcoming demolition. Three, the lessee according to the relevant provisions of the government and the demolition of their own express provisions, have the right to give priority to housing reform; Fourth, it is precisely at the time of demolition that the urgency of housing reform is stronger and the policy is more inclined. Therefore, housing reform will only be conducive to the smooth progress of demolition, and will not delay the demolition. Therefore, the doubts about "the housing reform policy has stopped" and "it is impossible to wait for your housing reform before demolition" can be completely dispelled.

Third, the trial procedure of the court of first instance was seriously illegal, and the court of second instance turned a deaf ear.

As an invasive administrative act, the legitimacy of demolition mainly depends on whether it has the permission of the people's government. Therefore, in this case, the house demolition permit is the main evidence to judge whether the third party's demolition subject is qualified and whether the specific administrative act made by the respondent is legal. However, the most important evidence has never been presented to the complainant by a third party in the relevant procedures, and the respondent has never asked the third party to present it to the complainant, let alone after cross-examination. However, the respondent made a ruling in support of the third party in the absence of the main evidence, and the court of first instance took the initiative to retrieve the card of the main evidence that the respondent did not provide within the statutory time limit for proof, accepted it without cross-examination, and made a first-instance judgment in support of the respondent. Therefore, the actions of the appellee and the court of first instance seriously violated the procedure.

First, the demolition permit is the evidence that the specific administrative actor must produce, because it is the key proof of the third person's qualification as a demolition person and the basis of the legality of the relevant ruling. Therefore, without this evidence, all administrative actions in this case are illegal. Although Article 5 of the Working Rules for Urban House Demolition Adjudication does not stipulate that the applicant may not produce evidence, according to its importance, it should fall within the scope of Item (8) of the law, that is, other information related to the ruling, because this is the premise of ruling and applying for ruling; To say the least, even if the rules do not list the evidence in detail, the respondent who made the ruling on the specific administrative act cannot but ask the third party to submit and cross-examine it when making the ruling, because this is the basic evidence to check whether the third party has the legal subject qualification and the administrative power of demolition, thus infringing on the legitimate rights and interests of the applicant; Because of this, the respondent should clearly list it as the first attached content in the "Notice of the Parties Applying for Urban House Demolition Award". However, during the administrative ruling and the trial of first instance, neither the third party nor the respondent took the initiative to show it to the complainant. Therefore, the complainant considers that the adjudication procedure is illegal.

Therefore, the court of first instance did not provide relevant evidence within the time limit for adducing evidence, and obtained the house demolition permit No.003 (2005) from the third party and the demolition scope map of Le Kai Avenue (Bowman Road-Sanfeng Road) from the respondent, which seriously violated the law. The law has clear provisions on this issue.

According to informed sources, Zhang Muchun's housing reform problem cannot be solved because of historical problems. Zhang Muchun's work-related injury declaration was in conflict with the relevant leaders of the factory, so that he was repeatedly rejected in the process of housing reform. After losing the case, Zhang Muchun explained the reasons for his failure in the article "I finally understand that ordinary people can't win the lawsuit of officials" and clearly stated: "I will fight this illegal demolition to the end." A complaint has been filed with the Supreme Court.

At present, Zhang Muchun's family still lives alone in the empty Building No.4, which has been emptied and dilapidated, which is out of proportion to the reconstructed Le Kai Street. The slogan hanging on the window has been more than a year, which is very out of harmony with Baoding's city appearance. When will the deadlock between relocated households and relocated households be eased? When will the administration and demolition according to law proceed smoothly?

Relocated households: What about our compensation?

Except for Zhang Muchun, other residents have moved out of the building to be demolished, but after the relocation, the compensation has not been paid. According to the resettlement method, employees can choose two compensation methods: one is to give money; Second, give the house. Except for a few employees who choose to change rooms, most employees choose cash compensation. However, since the relocation, employees have only received a temporary payment of 15000 yuan when they went to the finance department to receive compensation. Most tenants have a housing area of more than 50 square meters. Even if the depreciation is 40%, this compensation is far from enough. Asked about the name of the money, the employee said, "There is no name. I'll give you some first and wait for the rest." So some employees don't think this is the compensation they should get, so they don't take it.

Similarly, the subsidy of "5 yuan per square meter per month" that should be given to the relocated households according to the agreement stipulated in Item 5 "Demolition Compensation Items and Standards" of the Implementation Measures has not been paid. Article 4, Article 5 and Article 6 of Item 5 "Relocation Compensation Items and Standards" of the Implementation Measures stipulate the relocation subsidy for telephone, air conditioner and cable TV attached to the house. When employees asked why there was no subsidy for the relocation of natural gas pipelines, the answer was: "Natural gas pipelines were installed when the factory was building." However, natural gas pipelines, like telephones, air conditioners and cable TVs, were originally installed in factories. When employees buy houses, they are included in the purchase price and belong to indoor facilities. Why did the compensation fee for natural gas pipeline decrease during demolition? The initial installation cost of natural gas pipeline is about 3550 yuan, and 1 10 households are nearly 400,000 yuan. Where is the 400 thousand that should have been compensated to the relocated households? A worker went to the factory to ask for compensation and got the answer: "100 households don't ask, why do you ask?" Or "the factory has no money now, wait for a while", or "the building has not been demolished, and it can only be compensated if it is demolished." "The house payment of the demolition house will not be issued for the time being, and it will be merged with the house payment of the resettlement house when moving back." The workers said, "How can we demolish the house for free? If the compensation is not in place, it is illegal demolition. "

Since the demolition belongs to the government's road widening and heating network reconstruction project, the compensation for the demolition of nearly 10 million yuan should be within the plan and should be allocated by the government. So when will the compensation be paid? Did you set it aside? Why is the appropriation project not publicized to the relocated households? Is this demolition illegal if no compensation is prepared? If the compensation is not distributed, where will the temporary payment of 15000 yuan per household come from?

Employee: What exactly is this demolition?

By September, 2006, the widening of Le Kai Street and the laying of heating network pipes were nearing completion, but the No.4 building designated for demolition remained untouched, which made people wonder: What is the act of demolishing residential buildings unrelated to the project?

In this demolition process, the demolition person is Baoding City Administration Bureau, and the demolition person is Datang Baoding Thermal Power Plant. Since the announcement of demolition was issued on March 9, 2005, the demolition and relocation people have reached a settlement compensation agreement through consultation. This agreement has never been made public. What kind of compensation agreement is it? Workers who have bought houses and obtained property rights are not the people who have been demolished in the demolition procedure. The workers replied: "At the beginning, in order to avoid taxes, the thermal power plant did not apply for the title certificate for each employee during the housing reform." Similarly, according to employees, every employee who was demolished did not see the Demolition Permit that Baoding Urban Management Bureau should produce as a demolition person, and his demolition qualification was questioned.

Baoding Kaida Property Management Co., Ltd. is responsible for signing the demolition agreement with the relocated households. According to the provisions of the demolition law, only the demolished and the demolished can sign the demolition and resettlement compensation agreement printed by the municipal government. So how did the property company get the qualification to formulate and sign the agreement? If the thermal power plant and the property management company are entrusted by the Urban Management Bureau, what is the entrustment agreement? Why not publicize it to employees? The thermal power plant once again entrusted the property company to demolish, which violated the demolition work regulations of the Ministry of Construction.

At the beginning of the demolition, the thermal power plant promised that the relocation and resettlement mode of the demolished workers would be: after the overall transformation of the power plant, the newly built multi-storey and high-rise residential building-living area would be moved back. The transition period between relocation and relocation "does not exceed 18 months". But so far, the promised "new multi-storey and high-rise residential building" has disappeared, and the relocation date is far away. The site of the new residential building, which was originally set in the campus of Baoding Thermal Power Plant Children's School in a living area, has been covered with weeds and there is no sign of construction at all. It is understood that the ownership of the campus was owned by the local education commission in 2003, and the education commission refused to build residential buildings here. So why did the thermal power plant choose to build a new building here in 2005? There is no place to build a building. How to fulfill the promise of relocation and resettlement?

Workers feel cheated, but they can't put forward their own opinions on various unreasonable phenomena and have no chance to refute them, so their interests can't be safeguarded. As one employee said, "We dare not compete with leaders. If I confront them on this issue, they will trade with me on another issue. If I make a mistake, I should be fined 100 yuan, and they will punish me 1000 yuan! "

In a complaint signed by the relocated workers, the workers said: "Thermal power plants have seriously violated our rights and interests, damaged the image of the government, and deviated from the spirit of the CPC Central Committee in building a harmonious society. Our 1 100 employees sincerely hope that the higher authorities will send an investigation team to investigate the demolition incident as soon as possible, so as to uphold justice for the demolished workers, return our legitimate rights and interests, and make the legal society a blue sky! "

On July 24th, 2006, Baoding Evening News signed the article "Looking forward to the smooth progress of demolition" by a reporter from Zhang Chi. We might as well remind Zhang Chi: "If illegal demolition can be carried out smoothly", how can we talk about governing the country and administration according to law? Therefore, our reporters should do their duty, boldly amend "smooth" to "harmonious demolition according to law", and make a big fuss honestly. We believe that we can only promote social equity, change administrative methods and eliminate disharmonious factors. We expect that the rights and interests of the relocated households will be treated fairly, and the demolition will be carried out in harmony according to law, and whether there are violations of discipline and corruption in this demolition incident will be strictly investigated. The demolition work of Datang Baoding Thermal Power Plant will be carried out smoothly.