Shanghai Private Museum has been accused of a strong demolition of the background

December 11, 2013, Shanghai Changning District People's Court this year, the 1th administrative proceedings, after a series of twists and turns at the end of the session. This originated from the "Private Museum" has been a strong demolition of the case, by some media dubbed "the most expensive demolition" title-the plaintiff Liu Guangjia, Zhu Rong weeks to the Shanghai municipal Minhang People's government filed a total of 20 claims and a total of about 290 million yuan in the national compensation application. The trial, mainly to examine the defendant Minhang People's government organized the behavior is legitimate, but this behavior, strong demolition behind the background of the developers, more worthy of concern. The private museum, located at the Minhang Jianchuan Road near the southwestern suburbs of Shanghai, was demolished on April 27, 2012. According to the museum's owner Liu Guangjia recalled that the day about 6 o'clock, several strangers came to the museum. This is a prestigious private rock Bonsai Museum in Shanghai. According to Liu's readme, in the early 90, Liu Guangjia has gone to the famous Anhui County to sell flower fishing village to buy more than 1000 pots. Since then, Liu Guangjia to Anhui Lingbi, Xinjiang Hotan, Qinghai Three rivers, such as the collection of stone Jade, after more than 20 years, the museum finally took shape. The main body of the museum is located in Liu Guangjia in the early 90, the contract of fish ponds, the old man in the fish pond above 81 paved with pebbles of Stone Bridge, a variety of bonsai, bridge is wandering under the Japanese koi carp. 2006, Liu Guangjia decided to open the museum and welcome visitors for free. As soon as the stranger entered the courtyard in the April 27, he set up the more than 70-year-old Liu Guangjia and stuffed it into the back of a van outside the pavilion. Then, the family's nanny and gardener are also controlled, Liu Guangjia's wife heard a sound outside, wearing pajamas out to see the situation, but also was a person, with quilt wrapped in a van. But the Minhang government, which organizes the demolition, is a different story. Minhang government lawyer Zhangpeng said that the day the Government is to try to persuade the parties to leave, after the revolt by the medical staff accompanied by the two elderly people first settled to the hotel, and then to the housing. But the Minhang government did not provide enforcement video. As soon as I went to work, the opposition took off, so there was no video. "Zhangpeng said. That day around 10 o'clock, is Wu Wusong mouth with his family Liu Guangjia son Liu Wenhao received a neighbor's phone, told him "home was demolished." Liu Wenhao The parents to call, but no one answered. A witness on the day told the Chinese Youth Daily that the museum was pulled into a cordon, dozens of vehicles were carrying goods outside the museum, and three excavators went straight to the museum for demolition. The same day 16 o'clock Xu, Liu Wenhao back to Minhang. On the way to the police station, the car passed by his father's painstaking museum-which has become ruins, a number of scavengers are wandering on the ruins, hoping to pick some valuable stuff. The police station did not make any record of the museum was demolished and Liu Guangjia, only told Liu Wenhao, if 24 hours have not found someone, and then to report. The next morning, Liu WenhaoReceived a phone call from his father's cell phone, a strange voice told him that parents are in a residential district of Jinping Road in the room. That day, see Liu Wenhao, Liu Guangjia eyes some moist, only said a "home", but Liu Guangjia don't know, their "home" and the museum, have gone. Just signed an agreement before the demolition? In fact, the shadow of demolition began to appear as early as 2003. Liu Guangjia This encounter demolition of the land divided into two pieces, including Liu Guangjia owned homestead and contracted fish pond land. Homestead area of 582 square meters, above 4 a total of 407 square meters of legal construction. The area of fish ponds is disputed, Liu Guangjia said that after measuring 4800 square meters, the government by virtue of a picture of overhead about 2000 square meters. 2003, a company named Shanghai Sao Yu Real Estate Development Co., Ltd. (hereinafter referred to as "Sao Yu Companies") low-key enterprises, to 44 million yuan to get the price including Liu Guangjia homestead and the scope of the contracted land 70934 square meters of land. Public data show, Sao Yu real estate company actually paid the land transfer of 13.5 million yuan. By 2006, there was only one family of Liu Guangjia on the land who was unwilling to relocate. Liu Wenhao said the main reason for not moving is that there are many bonsai in the museum, the loss of the relocation is too large, the father wants the government to protect. 2007, the land has been built a new community "Chang Xin Garden." Since then, the two sides have repeatedly consulted, and still failed to reach an agreement on the relocation. September 7, 2009, Sao Yu Company to Minhang Housing security and Housing Authority handed over the decision application, apply for let Liu Guangjia family in 15th moved away from the homestead. September 30, Minhang Housing Authority No. 287 ruling, Sao Yu company should pay to Liu Guangjia various compensation payments of more than 1.76 million yuan, and find professional institutions to the homestead range of flowers stone relocation costs professional assessment and compensation, and Liu Guangjia should be "removed from the original site." The decision No. No. 287 does not specifically specify whether the original site of the "relocation" includes the fish pond portion of the Liu Guangjia contract, which has become the focus of controversy between the two sides today. Liu Wenhao recalls, at that time this did not seem to become a problem, the two sides talk about is the Homestead House demolition. Although Sao Yu Company's application has been supported, but demolition did not come. But by November 2011, one months after the new Town party secretary, the Housing Bureau formally submitted an application to the Minhang People's court, demanding enforcement. The court's decision agreed to the sixth of the contents of award No. 287, namely "the applicant was removed from the site within 15th from the date of receipt of this ruling." Since then, developers, courts have been urging. According to Liu Jia recalls, Sao Yu Company's agent DeLong before the demolition and Liu's communication for 3 weeks, the two sides reached 80 million yuan relocation compensation costs relocation intention, and DeLong as the regulator is required to get 2 million yuan commission. Liu said the compensation fee was reached in the context of the Minhang Court's recommendations. April 26Days, demolition occurred the day before, DeLong and Liu signed a commission commitment, Liu thought just wait for the final formal agreement, but demolition immediately occurred. Lawyer Zhangpeng do not agree with Liu, he said, DeLong does not have the representative Sao Yu company and Liu signed the power of agreement, Yang just for their own interests to mediate, "if really signed, the government is not willing to see a negotiated solution rather than strong demolition?" "However, if according to the agreement, the developer needs to pay 80 million yuan of the relocation costs, with the previous developer's estimate of millions of yuan, the cost gap between the two options is quite large." Developers of the background was founded in the June 24, 2002 Sao Yu Company's only project is located in Liu's land, "Chang Xin Garden." Sao Yu Company is the invitation to the way to win the land. This land is especially convenient for real estate development-the land has only 6 families, the rest is farmland, demolition is very convenient. Company information shows that Shanghai Sao-yu Real Estate Co., Ltd. has had many changes in the ownership structure. Founded in 2002, the registered capital of 8 million yuan, the legal representative of Wang Aizhong and Zhang Fengfei. In 2004, the registered capital of Sao Yu Company expanded to 20 million yuan, and a 23-year-old young man named Wang accounted for 20% of the company's shares. Household registration data show that Wang is actually the son of Wang Shenyan, the vice chairman of the Minhang CPPCC. Since then, Sao Yu Company's equity has undergone changes in September 2007, Wang quit Sao Yu company, a woman named Xu Jinfeng appeared in Sao Yu Company's shareholder list, get 20% of the company's shares. In fact, Xu Jinfeng was the mother of Wang and the wife of Wang Shenyan, deputy director of the Minhang Standing Committee. In January 2008, the shares of Sao Yu company changed again, Xu Jinfeng withdrew 20% of the shares, but still held a position in the company. Shareholders have again turned back to the original Wang Aizhong and Huang. In fact, Liu Guangjia has repeatedly reflected the company's business background, and according to the Minhang government should not intervene in Sao Yu company and his demolition dispute. In the demolition of the documents obtained in the relocation risk assessment also shows that "Liu Guangjia has repeatedly to Zhuan Bridge town People's government and the Minhang People's government written reflects the demolition of the illegal company, demolition illegal, refused to negotiate relocation." After strong demolition, through carding industry and commerce information, Liu Wenhao and lawyer Hu Yu also found a and Sao Yu company Cheong Xin Yuan project occurred interest associated company, except Wang and Xu Jinfeng, the company also has two people as close relatives of officials, and one of them deeply involved in the demolition. At the end of November, Liu Wenhao once through micro-blog disclosure of the matter, to April 2013, the Shanghai Municipal Commission to respond, said "January 2008, Xu So-and-so and its son completely withdrew from the company, the illegal investment in the act of buying shares to correct." In the investigation, no Wang Shenyan was found to use the convenience of the Office for the benefit of the company. "and the affiliated companies involved" did not carry out actual business activities. "To sue the court, or to sue the government?" SplitMove the sudden like up, but who demolished the house, is the government, the court or the real estate company? For a long time, Liu had not been able to figure out the most basic situation. Liu Wenhao initially selected online petition. May 8, 2012, Liu Wenhao through Shanghai's online petition center reflects his home was forced to dismantle. June 27 only received the reply said: "Your house demolition belongs to the judicial strong demolition, the inconvenience caused by you, please understand." The reply did not mention the lost property problem. During this period, Liu Wenhao has found a law firm to investigate the strong demolition, lawyers study the relevant legal instruments that should first go to the court, "after all, the judicial strong demolition." June 10, 2012, Liu Wenhao to the Minhang People's court to make 120 million yuan state compensation. Upon receipt of this claim, the Minhang court did not make a written reply to the compensation and indemnity within the statutory 7-day period. The intervention of public opinion has changed the situation. June 28, the media was the first to disclose the demolition incident. Shortly thereafter, the Minhang court invited Liu's lawyer to the court. According to the lawyer's transcript, a judge at the Minhang Court of Justice stressed that the Court's initial opinion was that the ruling was directed against houses in the Homestead area, and the judge believed that they should sue the government, "all departments can finally be pushed to court". In early July, the court a cadre of the demolition of the day of the mandatory implementation of the file to Liu's lawyer, that is, the mandatory implementation of the file, a signed Minhang housing Authority of the "demolition site" stated that the demolition is in the "Minhang government departments of the unified Deployment" under. As a result of the demolition of the internal file support, on August 28, 2012, Liu Wenhao to the Minhang people's government to put forward the State compensation requirements, and was entertained. But then everything stalled again. At the end of September, a reporter wrote to the Shanghai municipal leaders to reflect the matter, causing the attention of the leadership. Things seem to begin to turn, first Minhang lawyer Zhangpeng appointment Liu Wenhao, October 19, in the face of demolition six months later, Sao Yu company first sent notice, request transfer of property. However, Zhangpeng denied that the handling of the case was related to the leadership's instructions, saying that he had taken over the matter in August and that everything was handled in accordance with normal procedures. In accordance with the provisions, the Government should make a decision on whether to compensate within two months of receipt of the application, October 25, 2012, when the time is running out, the Minhang government made the decision not to administrative compensation. The decision of no compensation became the basis of suing, about one months later, November 20, 2012, the plaintiff commissioned Hu YU lawyer to Shanghai, a Chinese court formally filed an administrative compensation lawsuit, put forward more than 200 million yuan compensation application. As with many demolition cases, the case was once stuck on the filing procedure, after 7 days the court still heard. Also at this time, Liu Wenhao through Micro Bo issued a point to Sao Yu Company's "Five Golden Flower" corruption, followed by a number of media intervention reports, and the case of concern has been further improved. January 25, 2013, a Chinese Academy of Shanghai Call Hu Yu Ming Lawyer, grant a case, and ask the lawyer to inform the client at a speed. February 6, a Chinese court in Shanghai decided to appoint Changning District people's court to hear the case, the case number is (2013) Shanghai long line at the beginning of the 1th word. "I want to make my case a case of demolition compensation." Liu Wenhao said, "I will not reconcile, I want a win or lose." ”