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Rushing to bulldoze in name of progress
December 23, 2009, Wednesday
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AS a regulation limiting demolitions in China seems to be definite, people are expressing worries that local governments may rush in to tear down buildings to make way for commercial development - before it goes into effect.
In a signed commentary published by China Youth Daily last Friday, Li Kejie warned that local governments may carry out planned demolition projects ahead of schedule. It is not yet known when the expected regulation would take effect.
The central government has completed a draft revision to the Regulation on Urban Housing Demolition Administration. The Legislative Affairs Office of the State Council, China's cabinet, invited several experts to comment on the draft last Wednesday.
The draft revision, its content yet to be disclosed, puts more restrictions on the government's administrative power in demolition procedures, and is aimed at easing growing tensions caused by forced demolitions.
Professor Wang Xixin from Peking University Law School, among the experts invited to comment, told Xinhua that the draft showed "great progress."
One of the major problems of the current demolition regulation is that it focuses solely on the "demolition" and "administration," according to Wang.
There should be no demolition without due expropriation procedures and reasonable compensation, said Professor Qian Mingxing from the Peking University Law School, who also took part in the discussion.
On December 7, five professors from the Peking University, including Wang and Qian, claimed in an open letter to the National People's Congress that the current demolition regulation was unconstitutional and violated the Property Rights Law. The existing demolition regulation took effect in 2001, allowing forced demolition of buildings, including residences, to make way for commercial development.
Criticism of the regulation flared after the death of a 47-year-old woman, Tang Fuzhen in southwestern Sichuan Province, who set herself ablaze to protest forced demolition of her house.
Tang died on November 29 in a hospital, 16 days after she doused herself in petrol and set herself alight atop her house, intending to scare away Chengguan officers who broke into her home. Chengguan is the security and urban administration arm of local governments.
In June 2008, Pan Rong and her husband stood on the roof of their house in Shanghai and threw Molotov cocktails at the approaching bulldozer - to no avail. The home was destroyed and the couple was force to leave.
In both cases, local governments insisted that the forced demolitions were lawful according to the regulation.
Professor Wang from Peking University said he hopes for a fair solution to the compensation issues involved in expropriation and demolition procedures.
Wang maintained that a new regulation should prevent the government from making coercive deals by unilateral pricing. "My suggestion is the market price should be taken as a benchmark of compensation," he said.
Scholars have also called for better government disclosure and advance notice to property owners about the planned use of their property. Residents and property owners should be informed well in advance - not on the eve of demolition, said Jamie Horsley, deputy director and senior research scholar with the China Law Center of Yale Law School. He made the comment in a forum in China on December 12.
Wang also called for efforts to distinguish between demolitions in the public interest from those for business purposes. Expropriation should only be used to acquire land in the public interest, he said.
In 2007, the Property Rights Law and the Amendment to the Law on the Administration of the Urban Real Estate came into effect, stressing the legal rights of property holders in expropriation procedures.
Since then, the State Council's Legislative Affairs Office has been working on revision of the demolition regulation. The revised demolition regulation is important to people's livelihood, thus meriting careful research, examination and discussion.
In a signed commentary published by China Youth Daily last Friday, Li Kejie warned that local governments may carry out planned demolition projects ahead of schedule. It is not yet known when the expected regulation would take effect.
The central government has completed a draft revision to the Regulation on Urban Housing Demolition Administration. The Legislative Affairs Office of the State Council, China's cabinet, invited several experts to comment on the draft last Wednesday.
The draft revision, its content yet to be disclosed, puts more restrictions on the government's administrative power in demolition procedures, and is aimed at easing growing tensions caused by forced demolitions.
Professor Wang Xixin from Peking University Law School, among the experts invited to comment, told Xinhua that the draft showed "great progress."
One of the major problems of the current demolition regulation is that it focuses solely on the "demolition" and "administration," according to Wang.
There should be no demolition without due expropriation procedures and reasonable compensation, said Professor Qian Mingxing from the Peking University Law School, who also took part in the discussion.
On December 7, five professors from the Peking University, including Wang and Qian, claimed in an open letter to the National People's Congress that the current demolition regulation was unconstitutional and violated the Property Rights Law. The existing demolition regulation took effect in 2001, allowing forced demolition of buildings, including residences, to make way for commercial development.
Criticism of the regulation flared after the death of a 47-year-old woman, Tang Fuzhen in southwestern Sichuan Province, who set herself ablaze to protest forced demolition of her house.
Tang died on November 29 in a hospital, 16 days after she doused herself in petrol and set herself alight atop her house, intending to scare away Chengguan officers who broke into her home. Chengguan is the security and urban administration arm of local governments.
In June 2008, Pan Rong and her husband stood on the roof of their house in Shanghai and threw Molotov cocktails at the approaching bulldozer - to no avail. The home was destroyed and the couple was force to leave.
In both cases, local governments insisted that the forced demolitions were lawful according to the regulation.
Professor Wang from Peking University said he hopes for a fair solution to the compensation issues involved in expropriation and demolition procedures.
Wang maintained that a new regulation should prevent the government from making coercive deals by unilateral pricing. "My suggestion is the market price should be taken as a benchmark of compensation," he said.
Scholars have also called for better government disclosure and advance notice to property owners about the planned use of their property. Residents and property owners should be informed well in advance - not on the eve of demolition, said Jamie Horsley, deputy director and senior research scholar with the China Law Center of Yale Law School. He made the comment in a forum in China on December 12.
Wang also called for efforts to distinguish between demolitions in the public interest from those for business purposes. Expropriation should only be used to acquire land in the public interest, he said.
In 2007, the Property Rights Law and the Amendment to the Law on the Administration of the Urban Real Estate came into effect, stressing the legal rights of property holders in expropriation procedures.
Since then, the State Council's Legislative Affairs Office has been working on revision of the demolition regulation. The revised demolition regulation is important to people's livelihood, thus meriting careful research, examination and discussion.
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