The investigation of the hanging small property right house

Wrestling with the people's livelihood and law this newspaper reporter Guotao Tao and the central government only spent 2 months on the crackdown on urban real estate speculators in the control of the magic is different, in the past 3 years, the Ministry of Housing and Urban and rural Ministries of construction, land and resources, as well as local authorities on the distribution of small property in the suburbs of the renovation work, but fell into a kind of "hanging"　　Type of forced demolition of the mire. May 31, 2010, Beijing Huairou Yangsong Town, known as the "Water shore Jiangnan" 32 antique small property rights in 3 days was razed to the ground, this and 3 years ago in Beijing, Fangshan district, Tsing Lung Lake Town Green Leading village experience identical, March 27, 2007,　　85 Small Property villas illegally built in Tsing Lung Tau village were forcibly dismantled in the same way. As the land Administration law of the People's Republic of China ("Land Administration Law") expressly stipulates that rural collective land can not be transferred privately, this because of the construction of rural collective land and sold outside the name of the "small property", in the legal perspective does not exist on the basis, however, these small property to carry out "hanging",　　Has not been the momentum to curb its development. On the contrary, according to the "Global Finance" magazine reporter 3 years to the Beijing suburb small property right house investigation, today, the small property right house question has become the struggle between the people's livelihood and the law.　　For the proper settlement of small property rights, the parties need to find more intelligent solutions in addition to the strong demolition, and it itself is related to the success or failure of the new round of land system reform in China. A small property room that was sent to the gallows. A 41-kilometer-South Fangshan district in Beijing, a Huairou located 60 kilometers north of Beijing, and 3 years ago in Fangshan district Tsing Tau Village Villa was forcibly demolished compared to the "water Bank Jiangnan" Archaize village in Huairou, in addition to demolition time and geographical differences, the two were executed "hanging"　　, with dramatic similarities. As the May 4 this year by the Ministry of Land and Resources announced as the supervision of the typical land and resources of illegal cases, built in the south of the shuttle grass village "water Bank Jiangnan", a total of two 81 antique small courtyard.　　The Ministry of Land and Resources in the day of the press conference said that the demolition of the new and continued after December 30, 2007 of the two 32 houses, and the other 49 houses are processed after the policy was issued. On the afternoon of June 14, 2010, starting from Huairou Yangsong Town Center Primary School, into the south into the shuttle Grass village, eastbound through the neighboring four Seasons Tun Village, along the dry Chaobai River side of the right embankment to continue southbound, 10 minutes later, you can see the road to the right side of a large bunker edge of the white courtyard, which is May 31 strong demolition of the "Water Shore Jiangnan"　　Location, the reporter noted that the excavator tire traces and the floor of the broken tiles everywhere. A mother with her son pushing a tricycle, to the "Water Bank Jiangnan" phase of the project west of the water pipe, they are already living in the first phase of the project owners, because they have checked in, so the house has not been demolished, the owner hired by a villager to pick the red through the water pipe in the small cherry. The villager said that the courtyard had not yet been through the water, had been checked in by theThe owner only lives outside the water, but electricity is through. Knocking open the door of another owner, mother and daughter two people hurriedly said, "Such policies down," they closed the door uneasily.　　into an empty courtyard, propaganda can be planted in the yard covered with weeds, the courtyard of the pavilion has been paint mottled signs; another courtyard doorway, affixed with the demolition of the court seals unrelated, the room is only the remaining aluminum alloy window bar in the story that it has been raided. In Fangshan district Tsing Lung Tau Village, June 16, 2010 noon, standing in the village side of the road, can still see 3 years ago was strong demolition of the villa traces. On the south side of the village, the 85 villas that had been demolished had been overgrown with weeds, and the two gray cows were grazing leisurely.　　Next to them, there are 49 rough villas that have not been torn down.　　Both houses, have been "new rural construction" of the project, the developers and their respective village committee signed a cooperation agreement, the villagers are in the majority of villagers agreed to the project construction. Although the two were demolished 3 years, and belong to the nature of small property rights, but at all levels of government departments have invariably bypassed the concept of small property rights and strong demolition, the reasons for strong demolition is also very similar.　　According to the Beijing Municipal Bureau of Land and Resources reported to the government information, Tsing Lung Tau Village Villas occupied by the landscape tourism facilities in Fangshan district, and therefore illegal occupation. For "Water Shore Jiangnan", the Ministry of Land and Resources staff previously interviewed by the media, it was blacklisted, is not in line with the Ministry of Land and Resources standards.　　It is also understood that the "Water Bank Jiangnan" contract originally for the construction of "ecological plantation", is therefore, was judged as "illegal residential construction projects."　　The contradiction of the small property of the real estate to the green leading village small property rights villa was strong demolition as a starting point, the contradiction is, the small property of the House of "hanging", and did not effectively prevent the development of small property rights room pace.　　After the "Water Shore Jiangnan" was forced to dismantle, according to CCTV reports, the local government is also evading the concept of small property rights, the analysis that this is to avoid more small property to be demolished, in fact, the CPPCC members Mr. Cai this year during the two sessions revealed that only Beijing's small property rights room accounted for about 18% of the local market.　　According to Mr. Cai for several years to the National Small property investigation, up to now, the national small property occupied land area has reached 6.6 billion square meters, in Xian, small property rights in the local housing market size in 25%~30%, Shenzhen Small property, it may occupy half of the local housing market. In mid-April 2010, a local real estate agency based in Fangshan County said to the global finance reporter that there are small property houses in every village around Liang Xiang.　　The fact is not only this, according to our survey, whether in the Fangshan, or Huairou, Tongzhou, Shunyi, and even Miyun and Beijing's northernmost Yanqing, there are small property rights housing figure. Because the small property right house constructs in the village collective land, the developer does not have the land to transfer the gold as well as each kind of tax expense cost, therefore compared with the commercial housing, the small property right house construction cost and the price has the obvious superiority, since 2007, also is ChinaThe price of commercial housing in big cities soared 3 years.　　This makes the small property room has a lot of demand. To "Water Shore Jiangnan" as an example, each set of 300~500 square meters of small property rights of the House, to 50-year lease to the owners from the city, rent price only 40~60 million.　　The March 2010 Beijing Commercial housing price of 17,000 yuan per square meter, the purchase of the same area of residential, it will take 5.1 million ~850 million, the two spreads as high as 10 times times. According to the survey, for local villagers, there is also the need to convert collective land.　　Because the construction of small property rights, often in the remote suburbs of the city, it also means that farmers can not get income from the process of urbanization, coupled with a lot of people, farmers are difficult to profit from traditional farming. As the economic conditions of Fangshan district, the village, in Tsing Lung Tau village, each villager only 0.5 acres of arable land, building small property right house, the main source of income of villagers mainly for work outside, the per capita annual income of less than 1000 yuan, which is also the majority of villagers through the construction of a small property villa　　2007 Tsing Lung Tau Village, a number of villagers also to the "global financial" reporter, the villa was built, you can obtain income from the rent and so on. In fact, as a remote village-level organization, as well as township government, see the city surrounding the rise in land prices, there is the impulse to land. Chen, director of the central Rural Work leadership group, has pointed out that land finance has also become an important reason for the strong demand for small property houses.　　Chen said, small property rights housing governance is facing the grassroots government, and very wide, to let the judicial promising, some unrealistic.　　Based on this, the spread of small property right house, virtually become grass-roots government, people and the "Land Management Law" and other national Dafa game, because there is no small property rights of the laws and regulations issued, but also caused the handling of small property rights room chaos and contradictory situation. Farmers, land difficulties and high prices of small property rights of the supply chain, the first time the interests of citizens and farmers together. Because of the high prices of urban housing, the public have to find cheaper, remote areas of small property rights, and because of the inability to share the benefits of the urbanization process, farmers take the risk of building small property houses.　　However, it contradicts the whole Chinese land system including the land Administration law. Under the laws of land administration law and urban-rural planning law, China now implements the two-yuan system of urban and rural land.　　The rural collective land only after the state land expropriation, can further according to the procedure listing the circulation and the real estate development, the government is also the land expropriation's only legal main body, the country also has carried on the strict definition to the rural collective land.　　However, it is in this urban and rural division of the two-yuan land system, only to create farmers can not benefit from the situation and high prices. According to the State Council Development Research Center (~2005), "China Land Policy Reform Project group" in 2003 to cover China's north and South Nine provinces (cities) of the field research report, under the two-yuan land system divided by urban and rural areas, when the rural land is converted into urban construction sites, the government monopoly land primary market low price expropriationLand, at the same time as a high-speed urbanization and industrial drive, also undermines the rights of farmers and hinders social stability. According to the research report of the National Research Center, after the enactment of the New Land Administration Act in 1999, in order to strengthen the protection of arable land and to implement the use of control, the authority to the State Council and the provincial level two government, originally by the land directly and rural direct contact with the "land acquisition", in principle, became the Land department on behalf of the government　　Land units no longer meet with farmers "notice land expropriation." Since then, land expropriation has become a government based on land demand, according to the Land Administration law, the legal and compulsory access to land from farmers, due to the inability of farmers to participate, many local governments to the land compensation, only the young and the ground attached to compensation to farmers, and the land compensation fees and resettlement fees to the village group Collective,　　Farmers receive little compensation.　　Farmers lose the right to land acquisition, at the same time, according to the legal real estate development procedures, the government will first requisition land according to the benchmark land price, and then convert farmland into the development of land reserves, the government through the listing auction, the development of land to be higher than the number of benchmark land prices sold to Real　　According to the "Global Financial" reporter 2007 in Tsing Lung Tau village, the cost estimates for small property, green leading Village small property developers to the farmers to pay compensation as the benchmark land price, compared to the local development of land prices, according to reasonable land acquisition and development procedures, the local government land sales return as high as 300%. It also means that the land policy, which was originally amended to strengthen the protection of arable land, was not able to protect its own interests while farmers lost the right to negotiate, and, driven by the income of several times the sale of land, local governments tended to make it easier to transform the good farmland near the city into construction land and to protect farmland.　　And because the development of land is increasingly scarce, the government auction land is more and more high, in the billions of "King" appeared at the same time, urban housing prices are also brilliant. In fact, the two small property-use land surveyed by global finance reporter are difficult to obtain government requisition because of the narrow geographical position.　　The construction of Tsing Lung Tau Village Villas, originally for the mountain of no cultivation, developers in the construction of villas, but also the use of a large number of Earth and rock to the land for landfill and formation, "Water Bank Jiangnan" before the Chaobai River to dig sand wasteland.　　The people's livelihood behind the strong demolition according to the survey, whether for 3 years ago, Tsing Lung Tau Village Villas, or the end of May this year, "Water shore Jiangnan" mandatory demolition, in terms of people's livelihood, the parties need to re-examine the solution of the small property room.　　To the village of Qinghai, the forced demolition of 3 years ago is still a wound in their hearts.　　According to the May 2008 Tsing Lung Tau Village Villa developers to the "global finance" reporter as many as 16 pages of detailed planning, this map covers the entire Green Dragon Village 344 mu of land, including the transformation planning, it was also the Green Dragon Head village villagers as the government, villagers and developers to win the tripartite plan. In accordance with the plan, after the transformation of the Tsing Lung Tau Village, not only the villagers will live into a unified new villa, while the developers will also build village for villagersZhuang road system, shops and supermarkets, villagers cultural activities stations, public bathrooms and other infrastructure, after the transformation of the Tsing Lung Tau Village, will also be adjacent to the Tsing Lung Lake Reservoir Park, to become a tourist leisure area.　　The return of the developers, for the access to the green leading village land development rights, the construction of 60,000 square meters of commercial villas.　　2007 demolition, the propaganda staff once said to the villagers, the demolition will be completed after the economic Investigation team and rehabilitation group to do the rest of the work, but also the Beijing Municipal Bureau of Supervision, the remaining villas may be handled through public auction. However, June 16, 2010, Tsing Lung Tau village, a villager told a visit to the "global finance" reporter, since the villa was demolished in 2007, the disposal of the remaining house so far heard, three years since the old village transformation plan interrupted, the villagers did not move into the villa built for them.　　Unlike 3 years ago, the original rain in the village turned muddy roads into cement, and the elderly in the village had basic endowment insurance. No arable land and lost villa income of the village villagers are still like the first round of the remaining villas, they also have been leading each year 1 bags of rice, 3 bags face a total of 200 kg of food rations.　　The villagers tried to reflect on the actual situation and hoped to have a direct dialogue with the high level, but had no effect. The owners and the villagers of the shuttle Grass village, who already live in the "Water Shore Jiangnan" of the shuttle Grass village, expressed disappointment and uneasiness in the interview. The house, which was demolished after December 30, 2007, was built, rebuilt and not sold, the Ministry of Homeland Affairs said May 4.　　According to CCTV, the actual demolition of houses even includes an owner bought the house April 20, can be razed May 31. According to the State Council earlier this year, the deployment of small property issues, the State Council requires all buildings under construction and sale of small property must be completely stopped and discontinued, at the same time will be local as the main organization of the survey, the small property right of the current situation of the census;　　There is no mention of the mandatory demolition word in the middle. "Looking back on reform and opening-up for decades, is not constantly breaking through the old rules and regulations of the process?" Urban and rural integration, collective land into the circulation has begun to pilot, the Ministry of the Land should be examined the applicability of existing laws or regulations, or to ignore the reality, fit, the house has been built a push it? Is there really no better and more reasonable solution than dismantling?　　"A" Water shore Jiangnan, "the owner of a network called" nine asked the Ministry of Land, "the post said.　　How to solve the problem of small property room? Is it to uphold the established law and to choose the land predicament to move forward? or amend the law to choose the people's livelihood?　　Then becomes the small property right house to solve the difficult problem urgently. CPPCC member Mr. Cai that the small maternity ward problem involves a wide range of interests, it is not only widespread, but also related to the major problems of national livelihood, so the issue of small property should be properly resolved.　　During the two sessions of 2010, CAI also submitted a proposal for a proper solution to the problem of small property rights. RecommendationsThe article holds that the project of small property right housing for the development and construction of illegal occupation of farmland should be resolutely banned, at the same time, we should strengthen the examination and approval of rural collective land, and the phenomenon of illegal use of land, such as renting, should be resolutely stopped, but the small property right house built on rural collective construction land and homestead will be differentiated in policy.　　To solve the problem with long-term vision.　　In the proposal of Mr. Cai, the solution and steps of the problem of the small property right house are also put forward. In the short term, Mr. Cai suggests that policies should recognize reality and balance the interests of all parties.　　For reasonable compliance with the legal construction of small property, in the relevant formalities, to pay the relevant fees, should be given the appropriate formal property rights, or by the Government through the acquisition of these small property room into an affordable housing or fetch room. "For the construction and new small property right house, should be taken into the urban unified planning, after a reasonable approval process to confirm or stop, can not be unworthy."　　"wrote the proposal. "The settlement of the small property room is not a settlement room, but to solve the same price, it is to solve the problem is to let farmers share the results of industrialization urbanization, this is the first purpose, the second goal is to break the eminence of urban state-owned land; the third is to increase land supply and stabilize real estate prices.　　March 17, CPPCC member Mr. Cai accepted the "global financial" reporter interview.　　Mr. Cai that in the long run, the land property rights reform should be deeply carried out to give the rural land real complete property rights.　　In the detailed proposal of land property right reform, Cai pointed out that all levels of government should formulate a fairly forward-looking urban planning, first, unified and relatively stable urban planning, the real estate market can be successfully traded.　　Secondly, we should clarify the main body of rural collective property rights, so that farmers really get complete land property rights, which will help to ensure that farmers share the results of urbanization in accordance with the status of property rights, but also help curb the grassroots government selling impulse, in order to form a harmonious micro-market structure.　　Finally, establish a unified urban and rural construction land market, to achieve the same land, the same price and the same rights. After forming a unified market, it is the fundamental way to solve this problem by forming a real land price which can reflect the scarcity of urban and rural construction, forming an effective incentive mechanism and unifying the market. "said the proposal.