Grieving son welcomes new law
Source: Xinhua |
December 20, 2010, Monday
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Print Edition
Print Edition
THE young man was not sure if his father would still be alive, selling bean curd and decorating the house for the son's wedding, had the new home demolition regulation been decreed earlier.
Nor did he know whether the regulation would make a difference in the future for the tens of thousands of people who might lose their houses to bulldozers.
But Meng Jianwei from north China's Shanxi Province, whose father died in a forced demolition in October, hailed the regulation as a "leap forward."
Public opinion on the new "regulation on the requisition and compensation of properties on state-owned land" is being sought.
This is the second time the central government has solicited public opinions for the regulation.
It took the government three years to draft the regulation. The first time it was put to the public was in January, when 65,601 suggestions were received and discussion meetings held.
"This is the first time for the State Council Legislative Affairs Office to publish an updated draft for a second round of public opinion," said Shen Kui, vice director of the Law School of Peking University.
According to the new version, the use of violence, threats and other unlawful efforts forcing residents to move are banned.
If the residents and the government could not reach a consensus on compensation, they should let the court make the final judgment, according to the new regulation.
The draft also said that compensation should not be lower than the market price and the evaluation of the house should be done by a third party. The residents would have the right to choose the qualified institution for the evaluation.
Wang Jinwen, a law student at Tsinghua University whose family's house had been forcibly demolished, gained fame online after writing a letter in November to the mayor of Weifang City in east China's Shandong Province.
"Acts of demolition should be stopped during the process of litigation and appeal, and this should be written in to the regulation," he said.
"Otherwise, even if a resident wins the lawsuit, his house might already be leveled."
Meng, a doctoral student at Shanghai's Fudan University, posted his diary online to record the forced demolition of his family's house after his 54-year-old father was killed during the operation.
The incident happened on October 30 when thugs rushed to his house in Shanxi's capital Taiyuan, pulling the father out and beating him to death.
Nor did he know whether the regulation would make a difference in the future for the tens of thousands of people who might lose their houses to bulldozers.
But Meng Jianwei from north China's Shanxi Province, whose father died in a forced demolition in October, hailed the regulation as a "leap forward."
Public opinion on the new "regulation on the requisition and compensation of properties on state-owned land" is being sought.
This is the second time the central government has solicited public opinions for the regulation.
It took the government three years to draft the regulation. The first time it was put to the public was in January, when 65,601 suggestions were received and discussion meetings held.
"This is the first time for the State Council Legislative Affairs Office to publish an updated draft for a second round of public opinion," said Shen Kui, vice director of the Law School of Peking University.
According to the new version, the use of violence, threats and other unlawful efforts forcing residents to move are banned.
If the residents and the government could not reach a consensus on compensation, they should let the court make the final judgment, according to the new regulation.
The draft also said that compensation should not be lower than the market price and the evaluation of the house should be done by a third party. The residents would have the right to choose the qualified institution for the evaluation.
Wang Jinwen, a law student at Tsinghua University whose family's house had been forcibly demolished, gained fame online after writing a letter in November to the mayor of Weifang City in east China's Shandong Province.
"Acts of demolition should be stopped during the process of litigation and appeal, and this should be written in to the regulation," he said.
"Otherwise, even if a resident wins the lawsuit, his house might already be leveled."
Meng, a doctoral student at Shanghai's Fudan University, posted his diary online to record the forced demolition of his family's house after his 54-year-old father was killed during the operation.
The incident happened on October 30 when thugs rushed to his house in Shanxi's capital Taiyuan, pulling the father out and beating him to death.
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