| Five scholars from Peking University have recommended to the country's top legislature that an existing law defining the government's ability to seize urban housing should be abolished or revised to protect property owners.
In a letter to the National People's Congress (NPC) Standing Committee on Monday, scholars said the current Housing Demolition and Relocation Management Regulation is a breach of the country's constitution and property law.
The letter has fired up public attention across the nation, especially after the death of a resident who set herself on fire to prevent local authorities in Chengdu, in southwest China's Sichuan province, from seizing and demolishing her home.
In the letter, law professors Shen Kui, Jiang Ming'an, Wang Xixin, Qian Mingxing, and Chen Duanhong suggested that the NPC Standing Committee urge the State Council Legislative Affairs Office, the organ that issued the existing regulation, to revise or abolish the law.
According to the nation's constitution and property law, a citizen's private property is inviolable - governments can only confiscate a citizen's housing for public welfare construction. Compensation must be paid before relocation, Jiang said.
But in the housing management regulation, the rights of property owners are not specified.
The regulation also stipulates that residents have to move out once the government issues a relocation permit, with a maximum period of a year and a half for residents to relocate and negotiate compensation.
But what most often happens, experts said, is that local governments give construction clearance to estate developers or enterprises that pay off officials. It is then up to developers to negotiate with residents. If residents refuse to move, they will be forced out.
"Such twisted relations between urban development and personal property has resulted in many social conflicts," Shen told China Daily Tuesday.
The top legislature would not make any comments Tuesday.
However, South Metro News reported Tuesday that insiders with the legislature said the State Council Legislative Affairs Office and relative government departments are indeed researching possible changes.
Shen said they felt it an obligation to push for changes after recent bloody incidents involving residents who were forced out from homes.
"It's time we rethink about the unfairness caused by, and price for urbanization and development, especially after the death of Tang Fuzhen," he said.
Tang shocked the nation by setting herself on fire to protest the demolition of her former husband's garment processing unit on Nov 13. She died of severe burning 16 days later at a local hospital, and the building was pulled down.
However, the local Chengdu government said Tang and her family were actually confronting law enforcement in a violent way. The government referred to the Housing Demolition and Relocation Management Regulation for seizing the garment building.
After Tang's death, many people angrily criticized the local authorities for the violent way in which the regulation was enforced.
"It's funny that those who conduct housing demolition support themselves with a regulation that disagrees with higher laws," said Jiang Ming'an, one of the five scholars.
"It is obvious that the regulation favors the demolishers and infringe upon the rights of residents," said Cai Dingjian, a law professor from China University of Political Science and Law.
The regulation also stipulates that even if residents file a lawsuit, local governments still have the right to force relocation before a court verdict.
"Residents tend not to sue as their houses are already demolished, and courts would be in a quandary to handle such cases," Cai said.
"The regulation has become a tool by local governments and estate developers to make money by exploiting people's land and housing," said He Weifang, a former law professor with Peking University.
He said in compensation negotiations, the residents have no say as the prices are decided by local governments.
"With land and housing prices going up so fast these years, forced relocations occur more and more often", said Li Jin, a lawyer from Beijing.
Shen said the five scholars are not against urban development and progress, but asked "If the price is people's basic rights and sense of security, can we afford that?"
However, Shen said there would be difficulties in making changes as the interest of local governments will be violated, and "that will be a great pressure for the top legislature". |
