Thoughts on the harmonious demolition of rural residential areas in the "Ten Thousands of Fertile Land Construction Project" - Taking Rugao Port District of Rugao City as an example - Taking Rugao Por

Thoughts on the harmonious demolition of rural residential areas in the "Ten Thousands of Fertile Land Construction Project" - Taking Rugao Port District of Rugao City as an example - Taking Rugao Port District of Rugao City as an example

1 The current status of demolition work

Urban construction and development are inseparable from demolition. Renovation of old cities requires the demolition of old houses, and urban expansion and construction of new cities require demolition. It can be said with certainty that demolition is the most critical link and necessary prerequisite in urban construction. It directly determines the quality and speed of urban construction and development to a large extent. In recent years, incidents caused by demolition have occurred in our country, which have affected economic development and social stability. This requires us to study carefully, plan in advance, and carry out demolition in a harmonious manner so that farmers can live and work in peace and contentment and the economy can develop steadily.

2 Introduction to the project area

The "Ten thousand hectares of fertile land construction project" refers to the land development and consolidation project as a carrier based on the overall land use plan, urban planning, and in accordance with the requirements of coordinated urban and rural development. Using the link between the increase and decrease of urban and rural construction land as a starting point, we will increase the effective area of ??cultivated land and improve the quality of cultivated land through comprehensive improvement of fields, water, roads, forests, and villages; we will save and intensively use construction land by relocating entire villages from rural settlements to cities and towns. , thereby building large-area, contiguous high-standard farmland, optimizing regional land use layout, and achieving the goals of concentrated farmland, residential agglomeration, intensive land use, and concentrated benefits.

In September 2008, the Jiangsu Provincial Department of Land and Resources issued a notice on the "Jiangsu Province "Ten Thousands of Fertile Land Construction Project" Pilot Plan" to all city and county (city, district) governments. After the Jiangsu Provincial Department of Land and Resources’ “Ten Thousands of Fertile Land Construction Project” pilot program was officially issued, the Rugao Municipal Party Committee and Municipal Government carefully organized the design of the planning scheme and actively applied for the “Ten Thousands of Fertile Land Construction Project” in Rugao Port District, June 19, 2009 The Jiangsu Provincial Department of Land and Resources organized experts to demonstrate the planning plan, and on November 13, 2009, the project approval document was obtained with the approval of the Jiangsu Provincial Department of Land and Resources. Rugao City is located on the north bank of the Yangtze River estuary, on the riverside and offshore, across the river from Zhangjiagang City. The east longitude is 120°20～120°50, and the north latitude is 32°01～32°30. It borders the Yangtze River to the south, Haian County to the north, Rudong County to the east, Taixing City to the west, Tongzhou City to the southeast, and Jingjiang City to the southwest. The city has a total area of ??1,477 square kilometers and a total population of 1.45 million. It currently governs 20 towns and 1 A provincial economic development zone and a national first-class open port in Rugao Port. Rugao Port Development Zone has a total area of ??110 square kilometers and governs 19 administrative villages, 4 farms and river beach offices. It has a total population of 49,500 people, including 5,500 non-agricultural people. It achieved a GDP of 5.5 billion yuan throughout the year. The total fiscal revenue is 800 million yuan, the total agricultural output value is 140 million yuan, and the per capita net income of farmers is 8,310 yuan. The "Ten Thousands of Fertile Land Construction Project" of Rugao Port Development Zone is located in Rugao Port Development Zone, Rugao City, and involves five administrative villages: Zhiqing Village, Changqing Village, Yongjian Village, Zhenlong Village, and Wuling Village. The total area of ??the project area is 1484.81 hectares.

3 Introduction to the demolition of rural residential areas in the project area

3.1 Amount of demolition projects

The project area covers an area of ??1,484.81 hectares, involving 281.83 hectares of rural residential areas and industrial and mining areas (including 268.57 hectares of rural residential areas, 13.26 hectares of industrial and mining land), 3,800 households will be demolished, including 854 bungalows, 2,946 buildings, and 20 enterprises and institutions. The total construction area is approximately 1.297377 square meters. The number of demolished people is 14,967, including agricultural population. 13,063 people. The total area of ??the main houses of farmers to be demolished is 904,164 square meters, the area of ??auxiliary buildings is 379,413 square meters, and the industrial and mining land is 13,800 square meters. The project implementation period is from 2009 to 2011. Details of the demolition involved in the project area can be found in the summary table of demolition works in the project area.

Summary table of demolition work volume in the project area

3.2 Calculation of demolition compensation fees

The demolition costs of the "Ten Thousands of Fertile Land Construction Project" in Rugao Port Development Zone, Rugao City are mainly due to demolition Compensation and resettlement fees are calculated according to the document "Notice forwarded by the Municipal Government Office to the Price Bureau and Land Bureau of the Municipal Construction Bureau on the technical specifications and subsidy standard guidance for the evaluation of compensation prices for house demolition in Rugao City" (Gao Zheng Ban Fa [2009] No. 24) .

The project area involves 281.83 hectares of rural residential areas and industrial and mining areas (including 268.57 hectares of rural residential areas and 13.26 hectares of industrial and mining land). The number of households to be demolished is 3,800, including 854 bungalows, 2,946 buildings, and 20 enterprises and institutions. The construction area is about 1.297377 square meters, and the number of people to be demolished is 14,967, including 13,063 agricultural people. Among them, the demolition area in Changqingsha is 69.86 hectares, with 893 households and 3,341 people being demolished; the Northeast area is 211.97 hectares, with 2,907 households and 11,626 people. The total demolition cost is 742.4691 million yuan. The total demolition cost of the first phase of the project is 159.107 million yuan, and the total demolition cost of the second phase of the project is 583.3621 million yuan.

It is not difficult to see from the above data that the demolition area of ??the "Ten Thousands of Fertile Land Construction Project" in Rugao Port District is large, the quantity is large, and the time is tight, which intensifies the difficulty of the demolition work. The Rugao Port District Government has formulated the "eight public announcements and one supervision" sunshine demolition system, which means publicizing the scope and time of demolition, demolition procedures, compensation and resettlement methods, demolition compensation policies and compensation standards, incentive plans, implementation units, evaluation results, family size As well as mass supervision methods and methods, as of October 22, 2010, 3,650 households have been demolished, with a completion rate of 96.1.

It is expected that all demolition work will be completed within the year, achieving zero violations, zero petitions, and zero forced demolitions promoted by the project organization "Three Zero" goals.

4 Measures for demolition work in the project area

4.1 Effectively strengthen leadership and do detailed work

Make it clear that the project area government is the main body of demolition and organize the implementation of village relocation . Under the guidance of the leading group, a demolition and resettlement headquarters in the project area, led by the main leaders of Rugao City and Changjiang Town, was established. It consists of an office, a logistics support group and a demolition team. Officials and village cadres who are familiar with demolition and resettlement work are selected to enrich the work team. . The working demolition team used holidays and evening breaks to do ideological work in the homes of the demolished households. They explained the demolition policies to them in detail with emotion and reason, so that they had no worries. The villagers changed from "asking me to demolish" to "I want to demolish it."

4.2 Departments actively link up, and towns and villages cooperate and interact

Each department takes the initiative to go to the house to handle social security, medical insurance, and employment guidance for the demolished households, and provides free services to facilitate the masses and reduce the burden on the demolished households. Towns, towns and villages cooperated in the coordination of demolition and resettlement, and cooperated with departments to implement various measures to form a chain reaction and concentrate their efforts on major tasks.

4.3 Improve supporting policies and mobilize the enthusiasm of the masses

Rugao City clarifies the demolition compensation standards in accordance with the "Rugao City Urban House Demolition Management Measures" (Rugao Municipal People's Government Order No. 13) and Gao Zheng According to the document No. 24 [2009] issued by the Ministry of Housing and Urban-Rural Development, the resettlement costs will be calculated based on the principles of "highest" and "balanced on the surface", and compensation will be paid for various structures and buildings according to the upper limit standards in the document. Extensively solicit the opinions of demolition objects, formulate incentives to encourage people to relocate, and adopt the method of awarding rewards according to the demolition progress time period to mobilize enthusiasm for demolition.

4.4 Do a good job in publicity and mobilization, and strengthen public opinion propaganda

Rugao Port District further increases the positive publicity of demolition matters that concern the public, as well as the publicity of national demolition policies and regulations. Mobilization meetings for demolition work were held at all levels, and patient and meticulous mobilization work was carried out in farmers' households. Standardize administrative behavior through public opinion supervision and guidance. On the roads, you can see banners and slogans for legal demolition; in village communities, various demolition documents are placed for review; at demolition service stations, commentators explain demolition policies and incentives in detail.

4.5 Vigorously promote demolition and resettlement incentive policies

Rugao Port District mainly has the following demolition and resettlement incentive policies during demolition: ① The provincial and municipal policies to benefit farmers enjoyed by the original land area remain unchanged . ② Within two years, the township (town) will be exempted from the one-by-one discussion and capital-based labor fees for demolition households (can be waived when entering cities and towns). ③The rent generated by the land demolition and transfer of homesteads will belong to the demolished households if they live in cities. The area of ??the current homesteads in concentrated residential areas in villages will be excluded. ④ The construction and land-related certification fees will be reduced or exempted for the demolished households.

⑤ Use affordable housing and apply for a certain number of low-income households to solve the problem for households with special difficulties. Incentive policies one after another encourage the demolished households to look forward to moving into the gate of the concentrated area as soon as possible.

4.6 Proper demolition and resettlement to ensure that there is a house to live in

Build "comfortable homes" first, and then create thousands of hectares of fertile land. Rugao City scientifically plans and builds resettlement housing in advance, and gives the best land to the demolished farmers to achieve "three proximity": close to the town, turning resources into assets and capital, and increasing farmers' rental income; close to the park, making it easier for farmers to work and increase their income ; Close to the market, making it convenient for farmers to increase their income. Construction of the Changqingsha area resettlement community and the Northeast area resettlement community in Rugang New City. The Changqingsha area resettlement community has a total area of ??68,108 square meters, with a total planned resettlement number of 1,120 households and a capacity of 3,360 people (based on an average of 3 persons per household). ), the northeast resettlement community covers an area of ??334,185 square meters, with a total planned resettlement number of 3,910 households and a capacity of 11,730 people (based on an average of 3 persons per household). The first phase of the project area involves 893 demolished households in Changqing Village and Zhiqing Village, which are mainly resettled in the Changqingsha area resettlement community; the second phase of the project area involves 2,907 demolished households in Zhenlong Village, Yongjian Village and Wuling Village, respectively. Northeastern resettlement community.

5 thoughts on the harmonious demolition work

In the demolition of residential areas in the "Ten Thousands of Fertile Land Construction Project" in Rugao Port District, the number of households to be demolished reached 3,800. During the process of harmonious demolition, we can see The key points in the demolition work are to have good leadership, legal procedures, well-founded and rigorous attitudes. The demolition work must deepen legal governance and promote demolition in accordance with the law. It is necessary to strengthen public opinion guidance and increase legal propaganda; it is necessary to give full play to functional advantages, Provide legal services; disputes must be strictly investigated and all kinds of conflicts resolved, so that the demolition work can follow a legal and standardized track and the demolition can be carried out harmoniously.

5.1 Deepening governance according to law and promoting demolition in accordance with the law are the basis for harmonious demolition

5.1.1 Improve demolition policies and regulations to comply with the requirements of the times

Demolition organizations in various places should be based on Relevant national, provincial, municipal and county laws and regulations, combined with the actual urban development, formulate urban house demolition management methods and implementation details to provide a more scientific basis for house demolition work, so that all demolition management work can be legally based and effective. The rules can be followed to lay a solid foundation for the smooth development and legal implementation of demolition management work.

Demolition organizations in various regions should reform the management model of the government, establish and improve the housing demolition supervision system, clarify the functions of demolition policy makers, supervisors and demolishers, and clarify the main responsibilities of the government and demolition authorities. Formulate evaluation rules, publish market information, mediate demolition disputes, etc. For matters that can be resolved through market regulation, social intermediary service agencies and adjustment of civil legal relations, the government will no longer participate, realizing a fundamental change in the demolition management method from relying on administrative means to focusing on legal means, and promoting the demolition management work. Legalization.

5.1.2 Unify the evaluation and compensation standards and establish a price evaluation system

According to the laws of market value and the principles of market valuation, formulate a set of evaluation criteria. Based on the location, use, building structure and other factors of the demolished houses, the real estate market price of the demolished houses shall be publicly assessed and estimated, and the evaluation results shall be used as the basis for the demolisher and the demolished person to negotiate the compensation amount of the demolished houses.

5.1.3 Standardize the demolition procedures and improve the supervision system

Regional governments should disclose the demolition permit approval procedures, demolition management fee standards and demolition complaint channels, and standardize the management of demolition projects. Establish dynamic files and conduct full tracking services and supervision. In line with the requirements of rectifying and standardizing the order of the real estate market, law enforcement inspections of house demolition work should be strengthened. Problems discovered during inspections should be dealt with strictly in accordance with the law to maintain the legality and fairness of the demolition work. Administration according to law must first govern power according to law. The housing demolition management department and its staff must exercise their power correctly and prevent abuse of power. The house demolition management department and its staff must consciously accept the supervision of the National People's Congress, the supervision of the masses, and the supervision implemented by judicial organs in accordance with the Administrative Procedure Law; at the same time, it is necessary to vigorously strengthen and improve the internal level supervision of the administrative system and the special supervision of political discipline, auditing, finance, etc.

The house demolition management department must establish and improve the administrative approval accountability system, the law enforcement personnel qualification certification system, the administrative law enforcement publicity system and the wrong case accountability system.

5.2 Strengthening public opinion guidance and increasing legal publicity are the boosters for harmonious demolition

Carrying out in-depth legal publicity so that the masses know and understand the law is the basis for doing a good job in demolition work. Increase the publicity on demolition through various means to let the masses understand the demolition policy, which can not only support urban construction, but also protect their legitimate rights and interests in accordance with the law. Before the demolition is carried out, policies and regulations must be repeatedly publicized and explained to the masses. Efforts should be made to put ideological work first, do it door-to-door, do it at home, and do it in place, so that the demolished people can actively cooperate with the demolition work. During the implementation of demolition, we must do our best to help solve the difficulties reported by the masses. The legitimate rights and interests of the masses must be resolutely safeguarded, and those that are reasonable and reasonable but may not necessarily meet the requirements of the policy shall be properly handled based on the actual situation on the basis of persuasion and education. For households in need during demolition, we must do everything possible to solve their actual problems. Life is difficult. Through solid ideological and political work, we can persuade and educate the masses and win the support of the majority of the masses. There should be less misunderstandings and more understanding between cadres and the masses, and between the party and the masses; there should be less estrangement and more harmony; there should be less contradictions and more unity, and we should strive to create a good atmosphere for demolition work.

5.3 Giving full play to functional advantages and providing legal services is a strong support for harmonious demolition

Further play the role of the government legal advisory group. Provide legal advice and suggestions on legal issues involved in urban reconstruction and construction as well as legal-related administrative documents and documents, and draft and review relevant documents and documents and other legal services. Provide notarial legal services. Notarize the contents of the public services during the demolition, the house demolition agreement, the floor plan of the resettlement house, and the results of resettlement compensation. Houses whose property rights are disputed, disputed or whose rights cannot be confirmed temporarily must undergo evidence preservation and notarization during the execution process to protect the legitimate rights and interests of the demolished people and the demolished people in accordance with the law. Expand legal aid coverage and safeguard the legitimate interests of vulnerable groups. In demolition, the status of developers and demolished people is equal, but in fact, the demolished people are often in a weak position. Expand the scope of legal aid, target the relocated people who are in a vulnerable position, use legal means to safeguard the legitimate interests of the demolished people, regulate the behavior of real estate developers and demolition companies, and establish a normal order for demolition.

5.4 Strictly investigating disputes and resolving various conflicts are an effective guarantee for harmonious demolition

House demolition involves the vital interests of thousands of households. Contradictions and problems that have accumulated over a long period of time are often exposed when demolition occurs, easily causing various disputes. Improper management will inevitably affect the overall social stability. Therefore, for all disputes involving house demolition, the main persons in charge of mediation organizations at all levels must have a high sense of political responsibility. Efforts should be made to effectively deal with demolition disputes, resolve conflicts in a timely manner, and maintain regional stability.

5.4.1 Actively respond and find ways to resolve conflicts in a timely manner

For conflicts and problems that have occurred, formulate work in accordance with the principles of "local management" and "whoever is in charge, who is responsible" Plans, timetables, and every possible means are used to solve unstable factors at the grassroots level, internally, and in the bud.

5.4.2 Refine the responsibilities and implement the dispute mediation responsibility system

In accordance with the principle of "leveled responsibility and centralized management", effectively strengthen the leadership of the mediation work, clarify the specific person responsible, and Grasp one level at a time and implement it at every level. For major demolition disputes that affect social stability, the "top leaders" of relevant units must personally take responsibility, personally attend the scene, personally coordinate, personally handle, and personally supervise. For major and difficult disputes, coordinate relevant departments to organize specialized forces, intensify investigation, mediation and handling of conflicts and disputes, and maintain social stability.

5.4.3 Take multiple measures to improve the quality of staff

First, strengthen learning. Regularly organize personnel to study the party's various principles and policies, and learn demolition-related laws and business knowledge to improve their ideological quality and professional capabilities. The second is to conduct typical analysis.

Use typical examples of positive and negative aspects of conflict and dispute resolution during demolition, conduct in-depth and specific analysis, learn lessons from them, and learn to use correct methods to mediate conflicts and disputes. The third is to conduct timely discussions. Continuously study and explore ways to deal with and solve various new situations and new problems under new situations.

In short, demolition work is a task with strong policy and mass characteristics in urban construction and development. We must follow the requirements of the "Three Represents", always regard safeguarding the fundamental interests of the overwhelming majority of the people as the starting point and destination of demolition work, adhere to administration according to law, adhere to law enforcement for the people, insist on using development methods to solve problems, and promote the gradual progress of demolition work. Only by following legalization and standardization can demolition be harmonious.