From 2005, Datang Baoding Thermal Power Plant to accept the "Luckai Street widening and reconstruction and the construction of the same period of the heat network project," notice, the plant workers in the street residential building demolition, however, to the end of the project in September 2006, the building is still not demolished. Employees who have moved away have not received compensation for demolition and relocation, and the promised return to the house is not regular. They have no place to live and have not received a single cent for renting a room. The employees have complained about this, pointing out that the demolition is illegal and the demolition compensation is suspected of being embezzled.
What is the reason for such a demolition?
What were the reasons for the demolition?
June 14, 2005, Datang Baoding Thermal Power Plant issued a "demolition notice" to employees, "due to the widening of Lekai Street and the construction of the same period of time the need for heat network project, a living area 11-18 units, 42-43 units need to be in the municipal government within a limited period of time by the plant to organize the demolition. Factory to organize the demolition". This notice fully explains that the demolition belongs to the government construction project.
The widening of Lokai Street requires that the center of the road be 30 meters on each side, and the pipeline needed for the heat network project should be laid at the edge of the road. However, by August 2006, the highway construction has been nearly completed, the staff residential building in 30 meters away, there is no need to dismantle; heat network pipeline laying distance from the building wall of about 1 meter, also do not need to dismantle the building. Dormitory building in the south and seven one way north, and residential buildings on a par (or even more) of the building, have not been demolished. Since the staff residential building in 30 meters away, then in the highway widening plan should be clearly marked; since the highway widening and heat network renovation do not need to dismantle the staff residential building, then why does the heat and power plant require the staff to move away from and dismantle the residential building living for many years?
This question, the thermal power plant as the person in charge of the demolition failed to make a clear clarification, said the demolition is "accepted Baoding City, urban road network construction headquarters of the demolition of the notice", as for the widening of the highway and the road network reconstruction must be demolished for the staff of the residential buildings on the street is a doubt, so that part of the Employees expressed suspicion: "In fact, some people borrowed the name of the government to expand the demolition to embezzle the demolition compensation."
Thermal power plant deducted 60% of the demolition compensation for employees
June 21, 2005, the thermal power plant for the demolition and relocation, held a "staff council meeting of the head of the delegation", to make the thermal power plant [2005] No. 134 document "Datang Baoding Thermal Power Plant demolition of a living area of Building 4, Building 15, back to the relocation implementation measures. Resettlement Implementation Measures". The measures for the demolition of the compensation of employees have a provision:
Third, the average price of the demolished houses: 1280 yuan / building square meters, the annual depreciation rate of 2% (depreciation years up to 2005).
According to the Baoding City Housing Demolition and Resettlement Management Office, Baoding City Pricing Bureau issued by the city demolition of the word (2004) No. 017 document, "on the classification of urban housing in Baoding City, subsidies for ancillary facilities, the benchmark price and the replacement price of the notice," the pricing of ordinary modular buildings is 1,400 yuan per square meter, then, the thermal power plant held by the Employee Representative Council, how to determine for the 1280 yuan per square meter? Obviously, this price has not been assessed, not through the formal legal procedures. In fact, the property company Li Zhaoling admitted that there is no assessment of the self-setting price.
What is the reason for the 2% annual depreciation? The building was built in 1975, as of 2005 for 30 years, the deduction of depreciation of 60%, and regardless of which year the workers are moving in, are deducted at 60%. Employee housing area ranges from 53 square meters, so 110 demolished houses will be deducted 4-5 million yuan. Where have these millions of dollars of compensation gone? In the face of the low price of only 512 yuan per square meter, the employees have said: "Demolition is not buying and selling houses, how much is a square meter is how much, why depreciation?" "The basement are 550 dollars it, is our housing is not even as good as the basement?"
And, this resettlement method itself, was opposed by the workers: "The meeting was held without the knowledge of the workers, the head of the delegation is the director of each workshop, department or team leader, their housing is not in the demolition of the list, and they do not represent the interests of the workers, the meeting simply do not have the right to speak of the workers." "If that document hadn't been published, we wouldn't have known about this meeting." "This meeting was not commissioned or agreed to by our property owners, it was a unilateral acquisition of our housing, which is a forced purchase!"
However, the thermal power plant did not give the employees the right to ask questions or consult, and after the release of the "resettlement plan", the employees were left with only the time to sign and move out, without any opportunity to express their objections.
Employees: we were "kicked out" of the residential building
In the "implementation of the measures" for the relocation of the deadline for:
June 28, 2005 to complete the relocation. Each household will be rewarded 5,000 yuan for completing the relocation within the stipulated time.
Although this approach by the workers "illegal" challenge, but the workers did not have the opportunity to comment on the rebuttal, but in accordance with the factory has written the agreement to sign the move. "There was no negotiation at all, so why call it a letter of agreement?" In a complaint signed by dozens of workers "illegal, indiscipline, national law is not allowed, the party discipline is not allowed," the demolition process of many unreasonable phenomena described:
In the demolition process Baoding Thermal Power Plant used the State Council, the Ministry of Construction expressly prohibited means, such as stopping the water, electricity, gas, heating, stopping work, running classes, labor reform, stopping bonuses, stopping the medical expenses The company also threatened to suspend the pension insurance accounts and to wait for jobs and layoffs, and took photos of the relocated workers in order to retaliate by using dark forces. Pressure was exerted from the workshop to the work group, and from within the party to outside the party to coerce the employees to move as soon as possible. Retired employee Jia Qingguo, who did not want to be subjected to the ruling because of his reasoning, became seriously ill and was hospitalized, and died in less than a week. In order to prevent the situation from getting worse, the Construction Bureau and the thermal power plant had to turn from the original placement of a set of housing, for his placement of two sets of housing and the end. Again, such as employees Zhang Muchun, hospitalized for work-related injuries, was forced to stop the hospitalization. Because they have not participated in the housing reform, according to the demolition regulations should be carried out first after the housing reform and then compensation, but the Construction Bureau, Thermal Power Plant refused to implement the national laws and regulations on demolition and relocation, housing reform policy, forcing it to the Thermal Power Plant's "demolition approach" to the signing of the agreement. Employee Jia Qinghua, Fan Weidong, Zhang Baosheng and other three people were laid off sweeping labor processing. What's more, a leader of the factory labor union said: "to unconditional obedience, unconditional move", "in the demolition of the issue of power than the law". A leader of the property company said: "Thermal power plant demolition and relocation of their own way, the city's regulations do not matter," and other extremely irresponsible remarks, coerced workers to move, in the majority of workers in a very bad influence.
In a human resources in the August 26, 2005 issued to the overdue workers, "on the living area is not in accordance with the provisions of the decision to deal with the relocation of personnel," there are the following instructions:
In accordance with the Baoding City road reconstruction planning, involves a living area of the plant's demolition of a street building, you are also demolition of the list of people, as an employee of the power plant should have a sense of the big picture from the power plant development considerations, but you are also the power plant, you are not the only one. Power plant development considerations, but you only care about the small family without regard to everyone, only care about personal interests without regard to the interests of the enterprise, after much painstaking patience and meticulous work, the ideological understanding has not been improved, Baoding City, the deadline for the relocation of the provisions of the relocation has arrived, you are still not relocated, the consequences of which have a direct impact on the image of the plant and the construction of the progress. After the factory department study decided to make you to wait for post processing. Since August 26, 2005 16:00 to report to the property company.
I. Treatment during the waiting period
1, the cost of living of 520 yuan per month. 2, stop all bonuses.
3, enterprise annuity, housing provident fund enterprises to stop paying, sealing the account. 4, the cancellation of various welfare benefits
Second, the management of the period of standby: 1, I received the decision to deal with the property company to report to the expiry of the period of time to report to the automatic separation of the treatment of the person who did not report to the 2, the period of standby, you must strictly implement the "Baoding Thermal Power Plant Attendance Management Rules", on time to and from work, and strictly abide by the rules and regulations within the plant.
In the case of factory pressure, most of the workers were coerced into signing the demolition agreement, and moved out of the residential building in less than a week ......
The majority of the workers were coerced into signing the demolition agreement.
Court: refused to move the special households
A year after the implementation of the demolition, the building stood still, the empty building, there is still a family of workers living in it, "illegal demolition, the national law can not be," "persecution of martyrs, sworn to defend the rights and interests of the The first time I've seen the company, I've seen a lot of people who have been in the market for a long time," he said.
Designated for demolition of Building 4, Building 15 **** 110 households living in the workers, of which 107 households have participated in the housing reform carried out in 2000, the tenants to pay for the purchase of their own housing, access to the right to own the house. Only Zhang Muchun a household has not been processed, is the identity of the "housing tenant" living in Building 4, Room 203, so before the demolition, Zhang Muchun asked for housing reform in order to obtain the property rights of the house, but the factory to "housing reform is not in the scope of the demolition of this ". "Housing reform policy has stopped" and other reasons for the rejection of Zhang Muchun's request, resulting in the two sides could not reach an agreement on demolition and relocation.
In this regard, the Baoding Municipal Construction Bureau on September 24, held the first demolition hearing, the meeting decided by the Datang Baoding Thermal Power Plant to solve the problem of Zhang Muchun's residence in the Cotton Spinning Factory to rent a set of excessive room for his residence. But because the factory did not pay rent for Zhang Muchun as agreed, resulting in the door was broken into, the locks were changed, belongings were stolen can not enter the residence. Verified, but it is the KaiDa property company LiZhaoLing. And then in the power plant two living quarters for him to find another housing, but soon after the door was broken into, furniture was thrown downstairs unexpected events. After the interrogation of the police station, involved in this illegal house robbery of private financial suspects, Baoding City, urban housing demolition and relocation management office of the legal section of Zhang Li and other government personnel and the collection of social evil forces.
Due to the demolition and relocation compensation issues can not be resolved through negotiation, in October 2005, Baoding City Construction Bureau should be demolished and relocated Baoding City Urban Management Bureau of the application, on October 8, 2005 to make the city of construction ruled that the word (2005) No. 005 "ruling" to "beyond the scope of the demolition of the law management, housing reform policy has stopped "On October 29, Baoding Municipal Construction Bureau held a hearing on compulsory demolition and relocation, and issued a notice of compulsory demolition and relocation on December 6, with a deadline of 15 days to complete the relocation. However, according to the existing laws and regulations, there is no provision stating that the housing reform has stopped. The forced eviction could not be carried out because there was no preservation of evidence against Zhang Muchun. (See Attachment 2.) Thereafter, Zhang Muchun initiated a court action against the Baoding Municipal Construction Bureau.
On June 5, 2006, the People's Court of the New Urban District of Baoding City issued Administrative Judgment No. 2 (2006) Xinxing Chu Zi, upholding the decision of the Baoding Municipal Construction Bureau of October 8, 2005, No. 005 of the Municipal Construction Ruling (2005), dismissing the plaintiff Zhang Muchun's claim for compensation for the demolition of his house. Dismissed the plaintiff Zhang Muchun demand for housing reform policy to buy a house. Zhang Muchun then appealed. August 7, 2006, Baoding City, Hebei Province Intermediate People's Court made (2006) Paul line final word No. 34 judgment, still "does not belong to the scope of this case," the reason, rejected the appellant's claims.
But Zhang Muchun's lawyer in the case of the "lawyer's letter" clearly explains: the appellee in this case with the demolition of the demolition of the construction project has an interest in this case, in accordance with the relevant provisions of the law, as an administrative adjudicator of the subjective qualifications of the law, therefore, the decision in the case in the procedural violation of the law. The appellee and the third party abuse of discretion is clear
According to ZhangMuChun in Baoding city industrial and commercial administration department to investigate the industrial and commercial registration files and related materials can be known: LeKai street demolition and renovation of one of the reasons and projects is the heat network renovation project, and the project is implemented by the Baoding heating limited liability company (hereinafter referred to as the heat supply company). The shareholders of the heat supply company, including the demolished person, namely, Datang Baoding Thermal Power Plant, Baoding City Garbage Pipeline Dredging Team (hereinafter referred to as the garbage team) and other four shareholders, of which the garbage team contributed 6.5 million yuan of money, accounting for 13% of all shares of the heat supply company. And the nature of the garbage team is the people's government directly under the organization, its superior unit is the appellee Baoding city construction bureau. Second, the housing reform policy never stopped, at least in the evictee's unit, but instead was accelerated and prioritized due to the imminent demolition. Third, the tenant according to the relevant government regulations and the demolished person's own express provisions of the right to preferential housing reform; Fourth, it is approaching the demolition, the urgency of the housing reform is stronger, the more tilted policy, so the housing reform will only be conducive to the smooth progress of the demolition and will not delay the demolition. Therefore, on the "housing reform policy has stopped", "to the demolition of the demolition can not wait until your housing reform and then demolition" of the doubts can be completely dispelled.
Third, the court of first instance process of serious violations of the procedure, the court of second instance to ignore
Demolition as an intrusive administrative action, its lawfulness depends on whether the people's government permission, so in this case, "house demolition license" is to determine the third party demolition of the main body of the lawfulness of the main body of demolition and relocation of the complainant ruled on whether the specific administrative act of evidence. Evidence. However, this most important evidence was never shown to the complainant by the third party in the relevant proceedings, and the complainant never requested the third party to show it to the complainant, let alone to be examined by both parties. However, the respondent ruled in favor of the third party in the absence of this key piece of evidence, and the court of first instance took the initiative to retrieve this piece of evidence in spite of legal prohibitions, and admitted it and ruled in favor of the respondent without any cross-examination when the respondent did not adduce this key piece of evidence within the legal period of time for adducing the evidence. Therefore, the behavior of the complainant and the court of first instance is a serious procedural violation.
First, the demolition license is a specific administrative act must produce evidence, because it is the third party as the demolition of the eligibility of the key proof of the legitimacy of the decision, but also the basis of the legitimacy of the decision, therefore, without this evidence, the case of all the administrative acts are illegal. Although Article 5 of 〈Urban Housing Demolition and Relocation Ruling Regulations〉 does not make it clear that the applicant may not produce this evidence, according to its importance, it should fall within the scope of Article (8) of the Law, i.e.: other information related to the ruling, as it is a prerequisite of the ruling and the application for the ruling; and taking a step backward, even if the rule does not list the evidence in detail, the respondent, as the person who issued the specific administrative act of the ruling, could not help but request the The third party in the process of the ruling submitted and on the questioning, because this is a review of the third party whether the demolition of the legitimate subject qualification and administrative power, and thus whether it will cause infringement of the legitimate rights and interests of the complainant's basic evidence; also precisely because of this, the complainant only in the production of the "application for ruling on the demolition and relocation of urban housing, the party to be explicitly listed in the notice of the first as the first material should be attached. However, neither the third party nor the respondent took the initiative to show it to the complainant during the administrative decision and the hearing of the first instance. Therefore, the complainant considered that the decision procedure was illegal.
Therefore, the court of first instance in the case of the complainant did not provide evidence within the time limit, to the third Baoding City Urban Management Bureau to obtain (2005) No. 003, "house demolition license" and to the complainant to obtain the demolition of the Lekai Street Road (BaoMan Road - SanFeng Road) section of the demolition of the scope of the map of the two evidence is a serious violation of the act. The law is clear on this issue.
According to informed sources, Zhang Muchun housing reform issues can not be resolved, is caused by the historical legacy of Zhang Muchun had declared work-related injuries and factory leaders have contradictions, so in the housing reform process has been repeatedly rejected. After losing the case, Zhang Muchun in the "I finally understand the people suing the official lawsuit can not win" in the article out of the reasons for their failure, and the attitude of a clear that: "I will fight with this illegal demolition and relocation to the end." Has filed a complaint to the Supreme Court.
At present, Zhang Muchun a family still live alone in the empty No. 4 upstairs, the building has been emptied, broken, and repaired Luckai Street is extremely disproportionate, hanging in the windows of the slogan has been more than a year, and Baoding cityscape appears extremely incongruous. Demolished households and demolition of the stalemate between the situation, I do not know when to ease? The company's main goal is to provide the best possible service to its customers.
The first time I saw this, I was in the middle of the night, and I was in the middle of the night.
In addition to Zhang Muchun a household, other households have moved away from the building will be demolished, but after the relocation, compensation has not been issued. According to the "resettlement measures", the employees can choose the compensation in two ways: one, to the money; two, to the room. Except for a few employees who chose the way of exchanging houses, most of them chose the way of cash compensation. But since the relocation, when the employees went to the finance department to receive their compensation, they only received a temporary payment of 15,000 yuan. Most of the tenants' houses are more than 50 square meters in size, so even at 40% of depreciated value, this compensation is far from enough. Asked about the nominal nature of this payment, the employee said, "There is no nominal nature, it's just a little bit for now, and we'll wait for the rest." Therefore, some employees think that this is not the compensation they should get, so they did not draw.
Similarly, according to the "Implementation Measures" in the fifth item "relocation compensation items and standards" should be in accordance with the agreement to be sent to the demolished households in the move back to the excessive housing before the "5 yuan per square meter per month" subsidies, but also did not pay. Articles 4, 5 and 6 of the fifth item of the Implementation Measures, "Relocation Compensation Items and Criteria", stipulate subsidies for the removal of telephone, air conditioning and cable television for the housing appurtenances, but when the employees asked why there was no provision for subsidies for the removal of natural gas pipelines, they were given an answer that "the natural gas pipelines were installed at the expense of the factory when the houses were built. installed at the factory's expense." However, natural gas pipelines, like telephones, air conditioners, and cable TVs, were installed by the factory at the beginning, and were included in the purchase price when the employees purchased their houses, belonging to indoor facilities. Why was the compensation for the natural gas pipeline reduced during the demolition? The initial installation cost of the natural gas pipeline is about 3,550 yuan, which is nearly 400,000 yuan for 110 households. This should be compensated to the demolition of 400,000 yuan where to go when some employees to the factory to ask questions about the compensation, but even got such a reply: "people more than a hundred households do not ask, why do you come to ask?" or "the factory now does not have the compensation for the natural gas pipeline, the indoor facilities. Or "the factory does not have the money, wait a little longer," or "the building has not yet been demolished, and can only be compensated after the demolition." "The house payment for the demolished house will not be released for the time being, and will be combined with the house payment for the resettlement house when it is moved back." The employees said, "How can we demolish without compensation payments? Compensation money is not in place, it is illegal to demolish and relocate"
Since the demolition belongs to the government's road widening and heat network renovation project, nearly 10 million yuan of compensation for demolition and relocation should be within the plan, should be allocated by the government. So when was the compensation money allocated? Has it been allocated? Why was the allocation not publicized to the demolition households? If the compensation was not prepared, was the demolition illegal? If the compensation has not been allocated, then where does the temporary payment of 15,000 yuan per household come from?
Employees: what exactly is the behavior of this demolition?
By September 2006, the widening of Lekai Street and the heat network pipeline laying is nearing completion, and designated for demolition of Building 4 is still standing, which makes people doubt: demolition of residential buildings unrelated to the project, in the end, what is the behavior?
In this demolition process, the demolition of the Baoding City Bureau of Urban Management, the demolition is the Datang Baoding Thermal Power Plant. Since March 9, 2005, after the announcement of the demolition, the demolition of the demolition and the demolition of people through the negotiation of the resettlement compensation agreement, this agreement has never been publicized, in fact, what kind of compensation agreement? Why were the employees who had already purchased housing and acquired the title to it not the evictees in the demolition procedure? The employees answered, "When the thermal power plant in order to avoid taxes, housing reform did not apply for property rights for each employee." Similarly, according to the employees, each of the demolished employees did not see the Baoding City Urban Management Bureau as the demolition should be presented as the demolition of the "demolition license", which has no demolition qualifications have been questioned.
Baoding Kaida Property Management Co., Ltd. is responsible for signing the demolition and relocation agreement with the demolition households. According to the demolition law, only the demolisher and the demolished person can sign the demolition, relocation and compensation agreement uniformly printed by the municipal government, so how did the property company obtain the qualification to make the agreement and sign the agreement? If the thermoelectric power plant as well as the property company were commissioned by the city administration, what was the commissioning agreement? Why was it not publicized to the employees? Relocation and relocation between the excessive period of "no more than 18 months". But so far, the promised "new multi-story, high-rise residential buildings" is still nowhere to be seen, and the date of relocation is far away. The original designation in a living area "Baoding Thermal Power Plant Children's School" campus of the new residential building on the site, has been full of grass, there is no sign of construction. It is understood that the campus ownership in 2003 has been returned to the local education commission, the education commission refused to build residential buildings here, then why did the thermal power plant in 2005 choose to build new buildings here? There is no place to build a building, how to fulfill the promise of relocation and resettlement?
Employees feel cheated, but for a variety of unreasonable phenomena, but can not put forward their own views, there is no opportunity to refute, their own interests are not maintained. As one of the workers said: "We do not dare to fight with the leaders, if I confronted them on this issue, then they will deal with me on another issue, if I made a mistake, the time to fine me a hundred dollars, they will fine me a thousand dollars!"
In a complaint signed by the demolished workers *** with the workers said: "Thermal power plant in the process of demolition and relocation of serious violations of our rights and interests, damage to the image of the government, deviated from the spirit of the Party Central Committee to build a harmonious society, we 110 workers sincerely hope that the higher authorities as soon as possible to send a team of investigators to investigate this incident of demolition, demolition of workers to seek justice!
These are the first time I've ever seen a company like this one, and I've never seen one like it.
And July 24, 2006 "Baoding Evening News" a correspondent signed by Zhang Qi article "looking forward to the demolition can be carried out smoothly," we may wish to remind Zhang Qi: "If the illegal demolition can be carried out smoothly," we also talk about the rule of law, the administration according to law. We might as well remind Zhang Qi that "if illegal demolitions and evictions go smoothly", how can we talk about the rule of law and administration according to the law? Therefore, the correspondent should do its correspondent's duties, should boldly correct the "smooth" to "harmonious demolition and relocation in accordance with the law", the integrity of the person, do the article. We believe that only in the promotion of social justice, change the administrative style, eliminate disharmony. We look forward to the rights and interests of the demolition of households to be fair, just treatment, according to law, harmonious demolition, strict investigation of the demolition of the incident whether there are violations of discipline, corruption, Datang Baoding thermal power plant demolition work will be able to carry out smoothly.