Tianjin: Homestead Change for what?

Behind the different understandings of the House-house house-building, there is a weak game between the peasants and the local governments on the rural collective construction land and its value-added income distribution right 66-year-old farmer Jia Qiu in the "Last" home small courtyard to enjoy the shade. He was in a complex mood, enjoying the moment when the evening breeze blew through the small courtyard. He knew that in the future in his yard to cool, will always be engraved in the heart of memories.　　Since 2005, 272 villages in Tianjin, including the Jia Qiufa of Tianjin Dongli District Huaming Guanghuang, are disappearing in the name of "house-house-changing". Guanghuang's Huaming, starting from 2005, has become the first pilot town of Tianjin's "Homestead Swap".　　The farmer Jia Qiufa had lost farmland 6 years ago, and now he is facing the loss of the right to live in a typical farmhouse in the North China countryside. The farmers, who have lost their land, are facing a change that has changed their lifestyles.　　Trying to "change the Homestead" "to promote rural urbanization" in Tianjin, is currently carrying out a top-down "agricultural land transfer reform."　　With Tianjin Binhai New area into the overall strategic development layout of the country, Tianjin is occasion to become a powerful engine to drive regional economic development, and the release of rural land wealth is a key link. 1.8 billion mu of arable land can not touch the red line, rural homestead has become the core of the land transfer in Tianjin. Here, the Ministry of Land and Resources issued a request, in accordance with the overall land use planning, a number of rural construction land (that is, the demolition of the old plots) and proposed for the town construction (that is, new plots) together to form a "new demolition of the old" project area, through "The new demolition of the old" and land reclamation, the final implementation of the project area of construction land total does not increase , the area of arable land is not reduced.　　April 14, 2006, Tianjin and other five provinces and cities have been approved by the Ministry of Land and resources to become the first batch of pilot, "Homestead House Swap" project to obtain policy support.　　But the Jia Qiu, who lived for most of their lives in the status of farmers and the way they lived, had a resistance to the "reform" of this radical change in life. Beginning in May 2008, Huaming Guanghuang 866, 3,368 villagers commissioned the Beijing agricultural rights law firm, to prosecute the Guanghuang committee, the Huaming government and the Dongli District government, as well as the Huaming of the red soil village.　　So far, Tianjin municipal courts have not accepted the case. "At present, whether this exploration can be in the suburbs of large cities and economically developed areas to promote, but also through practice to test." In November 2005, the NDRC's small town reform and Development Center suggested in a survey report that "the test in Tianjin should be carefully pushed away locally." "The Shrinking village Jia Qiufa is located in the Guanghuang, has more than 600 years of history, close to the Tianjin Airport Development Zone, in recent years, land prices continue to rise, its surrounding land listing sold the highest price has reached 3 million or 4 million yuan per Mu."　　Guanghuang is located in the Huaming, because the geographical location is included in the first batch of "Homestead swap" pilot. According to the Tianjin Development and Reform Commission,To "House House Swap", is within the current policy framework of the State, adhere to the contract responsibility system unchanged, arable land can not be reduced, respect for the principle of voluntary farmers, farmers to their homestead (village construction Land), in accordance with the provisions of the replacement standard for a small town of a house, moved into a new small town to live,　　Farmers original Homestead Unified Organization and rehabilitation, to achieve the total amount of arable land, quality and balance. Disagreements arise.　　Jia Qiufa that the real "house change" is, with their own 165 square meters of small courtyard exchange for the 165 square meters of the building of the model town of Hua Ming-This is the local after the Tangshan earthquake restore reconstruction when the standard huxing, basic family.　　However, the current "prescribed replacement standard" is that the main room can be 1:1 exchange, the annex room is two square meters for a square meter, courtyard space is not counted. "Such a household has an average of 75 square meters of effective displacement area." "Jia Qiufa said, Guanghuang a total of 2142 mu of Homestead, 1910 households, an average of 749 square meters per household (including village office enterprises, roads, office buildings and other public construction sites)," even in accordance with the usual practice of house-house, the government, developers and villagers accounted for One-third to calculate, each household should also be 249.3 square meters "Practice, 75 square meters per household, only for the original village construction of 749 square meters of one-tenth." From the market valuation, 75 square meters of buildings in accordance with the average price of 4000 yuan per square meter, the total value of nearly 300,000 yuan, and 749 square meters of homestead,　　An equivalent of 1.12 acres, the surrounding land listing sold to 3 million to 4 million, farmers will sell an acre of homestead to the market, at least 3 million of the proceeds, is the Homestead House swap earnings 10 times times. "Obviously is to house room swap, where is the homestead?" "66-year-old Jia Qiu hair, before in Tianjin Dongli District Huaming Guanghuang as a 42-year accounting, in 2007," The Homestead House swap "formally spread to Guanghuang before, he also governs the village water and electricity costs. Now, guarding has been torn down to the broken village, how he is not clear, the villages passed through the village, how the twinkling of an eye on the shrinking of 90%, "if the house room, then where our homestead?" "If really in accordance with the actual area of the Homestead 1:1 rooms, I would like to relocate."　　"Jia Qiu heinous the road on the left of the village to stop the villagers to block the excavator into the spontaneous roadblocks set up to tell the" China Newsweek, "he said the policy itself is correct, but in the implementation of the problem. "The actual effective replacement area of only 75 square meters, in accordance with the provisions of the per capita 30 square meters of standard, a three home to make up to 90 square meters, of which 15 square meters need to be in accordance with 600 yuan per square metre of the price to buy, and to enjoy a more than 8 square meters of Then a set of 98 square meters of the house also need to spend another 25,000 yuan, which is not a decoration fee, if you want to live a larger area, it should be in accordance with the 4000 yuan per square metre ~5000 yuan market price purchased. "Jia Qiufa says many people don't have the money to move, even ifReluctantly moved home, life is not landing. "Whether it is room swap or house-building, the government does have a problem of insufficient compensation in this process," he said. Shes Quan, deputy director of the Economic Research Institute of Nankai University, was commissioned by the Tianjin Development and Reform Commission to carry out an economic analysis of "house-house swap", she told China Newsweek: "The Government provides public goods to participate in the process of urbanization, and then to obtain income is acceptable, but the government often take more. "In Shes Quan's view, government-imposed laws in urban and rural land, as well as urban planning and public services, are the rent-making activities of the Government in order to obtain income." "How much should the government take, there are multiple factors, there is no specific criteria to measure the Government's participation in urbanization, how much space." "Shes Quan that the reality can be a deal, and Tianjin put forward the" secure tenure, enjoy, there is security "is also a basic standard," we can take this standard to measure, did not do to require the government to improve. "The Government's land account has different understanding to the homestead, it is between the farmer and the local government, the rural collective construction land and the increment income distribution right game."　　The secret is that the government is trying to balance the construction of funds through land-value gains. Public data show that "land and capital gap" for Tianjin "Homestead House Swap" the need to provide a basis.　　However, "China Newsweek" reporter contacted the Tianjin government and academia, there is no one to the land and funding gap in the end how much to give the answer. Wan, a professor of law school at Nankai University, is the leader of the legality task group entrusted by Tianjin Development and Reform Commission. In a legal study for "house change", he pointed out that the villagers and the village group signed a swap agreement, the village collective and the government signed a swap agreement, the process of the collective use of the actual conversion into state-owned land. Subsequently, the Government has the land transfer, land transfer power, and the developer and the Government signed a general agreement and funding, "the premise is that villagers must voluntarily abandon the homestead."　　Wan told China Newsweek. The government does not think it can profit from it. "The result should be that farmers do not pay, the government does not fund, the project to achieve their own funds and land balance."　　"The original Tianjin Dongli District Huaming, in order to adapt to the new town development has now changed to Wah Ming Street, its party secretary Zhangchang told the" China News Weekly ", huaming demonstration Town project carried out the earliest, the largest scale, and the operation is relatively successful, Tianjin has therefore put the Homestead House change mode is called" Hua Ming The concrete method is, the Huaming 12 village altogether occupies the Homestead 12071 Mu, the new small town uses for the peasant housing construction and the construction service facility only occupies 3476 Mu, may vacate the construction land 8595 mu, "among them about has 4000 mu to engage in the industrial development, another 4,000 mu through the listing sale, The land increment income will be used for the peasant to move the housing and the community whole supporting facilities construction.　　"Zhangchang said. "China Newsweek" reporters trying to figure out how these industries and land value addedIn the end, the government and the academic community in Tianjin have not provided any budget data on how big the revenue will be. Wah Ming Street party secretary Zhangchang at present can be sure: "The value of land value-added should be more than the balance of funds, the original plan is to invest 3.7 billion, recycling 3.8 billion, now it seems that investment has more than 3.7 billion, recycling more than 3.8 billion." "Hua Ming mode" is widely replicated in Tianjin. April 13, 2009, the Tianjin municipal government approved the third batch of 12 demonstration small towns.　　At this point, Tianjin has 272 villages in the form of "homestead swap" disappeared, is expected to save 4540 hectares of land, equivalent to the original 272 villages covers an area of 2/3. "On the basis of not increasing the burden of farmers and not reducing arable land, the population should concentrate on the cities and towns, concentrate the industry to the community, and the farmland to the large farmers.　　"The specific person in charge of the project, Tianjin Development and Reform Commission district Director Wang Yucheng so summarized 272 villages, 425,000 farmers of the final flow." Local government Wenfengerdong, have rushed to Tianjin to observe and learn from, "Our reception task is too heavy." Zhangchang can not help but sigh, "the key is to achieve the balance of capital and land, so location selection and local economic conditions, employment structure and income levels are very important." "We want to get back to the land use right" "Hua Ming Ordinary people are glory, without this pilot can not pay you to build a house, the government does not invest but less income." Zhangchang said, Huaming per household homestead and housing valuation 4 to 50,000 yuan, to replace a new small town 80 square meters of residential, worth more than 300,000 yuan, "Farmers happy Ah, family property will increase by more than 200,000 yuan." "The Wei Zehua of the red soil village does not buy it:" What will happen to our future generations without land? The subtext is that the land is worth more than the house. In the ruins of the village, the 56-year-old Wei Zehua at a loss, "Do you think it's like the earthquake just happened?" "Wei Zehua's worries are partly rooted in the lessons of losing farmland 6 years ago. Since 2003, Tianjin Dongli District has taken part of the village's land by means of land consolidation, red soil village also lost all the land 50,000 acres, in exchange for only 100,000 yuan per capita benefit, the current year's compensation standard for an average of 20,000 yuan per acre, "We think that integration is to put the land together management, After integration or my own land, where to know is in the name of the integration of the disguised 1 memories of the lost farmland, Wei Zehua also fear: "An acre of land only to 20,000 dollars compensation, our descendants have no land."　　According to incomplete statistics, nearly 200,000 acres of land have been lost by Dongli District farmers in various forms in the last ten years. This time, placed in Wei Zehua and Jia Qiu before they are, abandon the homestead moved upstairs.　　Previously, the homestead in reality by the farmers as the property, and passed down. Wei Zehua still can't conceive, when they can directly participate in homestead circulation, and then gain land value-added income, but the lesson of cheap abandon farmland has made her and folks began to realize that can no longer easily give up their own homestead, "We want to get back to land use rights."　　For government promises such as "salaries, rents, share money, safeguard gold" and so give the landless farmers compensation, Wei Zehua also no longer have too much expectation, already 56 years old she now feel, or to keep the land can be worthy of 6-year-old granddaughter-not to mention, everyone can specifically benefit how much or a Shing! Tianjin Municipal Development and Reform Commission, Deputy director Zhao Hua admitted that after the farmers concentrated residence, collective economic organizations and land value-added income distribution, farmers how to share, there is no specific way, "we have been studying these since November 2005, in the future should also be in the town on this level to operate, For example, the collective economic property rights system can carry out community joint-stock system reform.　　She told China Newsweek. Taking Huaming as an example, recently completed construction of Homestead reclamation Project covers an area of 2000 acres, annual income can reach 47.65 million yuan, of which 22,000 yuan per acre of land-6 years ago, Dongli District Some farmers to an average of 20,000 yuan per mu of the price lost land, and therefore no share of follow-up land value-added gains; 2006,　　Dongli District government in the rations town Yongxing village, East Village, da an village and Immaculate Street West Kiln Village's land price is still 20,000 yuan/mu; even in 2009 years, Dongli District still have land to 57,000 yuan/mu of the price is expropriated. This time, it is still unclear how the relocation of farmers to participate in the distribution of the benefits of similar reclamation projects. Tianjin Dongli District Nong, director of the China-Ming subdistrict office Li Jianseng told China News Weekly: "This project will be operated by the company in the future, and the proceeds will also belong to the company."　　"To this end, Wah Ming Street was set up in Tianjin Binhai Huaming Agricultural Co., Ltd., the new chairman Zhang also unsure of the future of the company will be specific operation, as for farmers how individuals participate in income distribution is unknown. Jia Qiu want to know, 2003 Tianjin Airport Logistics processing Zone Levy Guanghuang land of 2.83 billion yuan, why the villagers only received 700 million yuan, "the rest of the more than 2.1 billion have not seen, whither?" "" does not mean that the farmers are satisfied with the signing of the Ma Yun was one months before moving into the demonstration town of Hua Ming. This place, which is used to be called the home of Wah Ming, is only a road from the airport logistics processing area, including the plan to accommodate 45,000 people in the town of Huaming, "there are more than 40,000 people, occupancy rate of more than 90%."　　Zhangchang told China Newsweek.　　Shes Quan, a professor of economics at Nankai University, believes that in the coordination and game based on market mechanism, occupancy rate can also indicate whether the stakeholders have reached a consensus on the distribution of income.　　In reality, the occupancy rate of the model town of Huaming is the result of the combination of multiple factors. "The relatives and neighbors have gone, the village pieces, the road is pitted, one evening evenNo streetlights. 148-Year-old Ma Yun is still not accustomed to living in the new building, and occasionally will carry like Jia Qiu hair such a village neighbors break through the broken, "after moving the night always sleep not sureness." "We fully respect the wishes of the farmers, do not forced to move, do not let a family want to move not to lift." "Wah Ming Street party secretary Zhangchang said, there are still more than 4,000 people did not move in," Can stay in place, but once the land is levied requisition, it must be forced demolition. Jia Qiufa is not surprised. Tianjin stipulates that the Homestead House-house swap adhere to the farmers voluntarily, farmers need to write their own application, agreed to land-house swap;　　"Guanghuang didn't have a meeting," Jia Qiufa said.　　The village secretary, Wei Zonghua, refused to be interviewed on the ground that his work was not well done. "China News Weekly," The information obtained shows that the Wah Ming subdistrict office in 2008 has a number of special documents to urge the relocation, and not in accordance with the date of the required selection of the relevant personnel, the suspension of unpaid, stop work and other punishment measures.　　In the May 4, 2008 document, Wah Ming Street required Street Village Enterprises leading cadres, middle-level cadres and party members, as well as the village staff in the relocation work to play a role model. August 16, 2008, Wah Ming Street Committee issued specifically for the demolition of the document, the "on the strong advance Guanghuang the overall relocation of the decision" requirements: With the relocated has a kinship with the Wah Ming subdistrict office staff, the CMC and the property hiring staff, Guanghuang members, Party branch secretary,　　Business leaders, such as from August 18 to August 22 on the job to do relative work, prompting them to relocate, from August 23 to August 27 suspension to do relative work, if the relatives have not moved, the street party committee will, as the case may be, respectively, the payment of the bonus and the corresponding benefits, dismissal, dismissal, dismissal and party One weeks later, the Tianjin International Hot Spring Golf Club in the area of Wah Ming Street was suspended for 42 employees and 29 persons were suspended from the House letter property.　　Jia Qiu's son, Jia Yubong, lost his job as a property security guard. In Jia Qiufa's view, none of this seems to matter anymore.　　He knew from the outset that he and 425,000 farmers in 272 villages in Tianjin had virtually no bargaining power, and that their concentrated residence would save 4540 hectares of land-a corollary of the high priority and strength of Governments at all levels. "The Tianjin model of this Top-down promotion, the level of participation of farmers should be the government to promote urbanization of the public goods, an important parameter, but we included in the system, such as asking everyone to sign the committee agreed, now seems not enough, system protection, but does not mean that the farmers signed to be satisfied." "Sheithwah told China Newsweek," in the long run, but also to see whether the urbanization of farmers to obtain income.　　★"Land Management Law" to amend, farmers need to say "heard there is a rural collective construction land circulation method to be introduced, this can regulate the homestead change, is not?"　　"Walking in the village has been fragmented villages, Jia Qiu could not help but ask back." In the Jia Qiu of the simple thought, as long as it is legitimate is reasonable.　　They did not notice that the Land Administration Act, which involved the interests of all, was being revised. The amendment of the Land Administration law is mainly to alleviate the contradictions caused by the expropriation of the Dongli District and the villages. According to China Newsweek, the main points of this revision include the circulation of rural collective construction land, the reform of land expropriation system, the reform of income sharing and the reform of land approval system. Every problem is closely related to Jia Qiu.　　These questions, too, are the reasons why Jia Qiufa has been dragging his left leg for years between Tianjin and Beijing at all levels of government. Jia Qiu do not know, this time the legal changes to how much to protect the interests of farmers like him, he certainly did not think, is not possible through what way to reflect their own interests to amend the law.　　Like many other farmers, he was accustomed to relying on the government. This can not blame Jia Qiu-China's laws to enact and modify the practice, has not given farmers Jia Qiu such opportunities.　　Obviously this time is no exception.　　"China Newsweek" reporter long track the interview found that this "land management Law" changes, to a large extent, still can not get rid of "sectoral legislation" of the rut, the various stakeholders are also lack of equal opportunities for game. The subject of interest was absent from late March, and the revised draft of the land administration law was being asked for advice from various local land and resources departments.　　The contents of agricultural land transfer and farmers ' interests protection become the focus of all parties. "China Newsweek" reporter for this continuous contact with the relevant research institutions and universities in the long-term focus on rural and land issues of scholars, trying to understand the legal changes in the specific situation.　　But the interview finally found that several experts and academics on rural and land issues said they had not been involved in the changes and were not invited to seek advice. According to an internal material obtained by China Newsweek, the Ministry of Land and Resources has officially initiated the revision of the Land Administration Act in 2003. At that time, the Ministry of Land and Resources for this purpose set up in charge of the deputy Minister for the group leader of the revised leadership team, by the Ministry of Land and Resources in the relevant departments and institutions leading and the Director of the drafting group. The drafting group commissioned some local governments to draft local proposals. On the basis of these studies, the drafting process was carried out. After the formation of the first draft, the drafting group went to Chengdu, Shenzhen, Hangzhou and other places to carry out research and discussion, and listen to local views.　　Subsequently, the main start in the land and resources system to solicit comments. A long-time expert on land issues believes that the land administration law involves the interests of all people, and its revision process should be open to the whole society, "first of all, within the land and resources systemExpert level Open, not only for the management of the public, to allow experts to participate in the revision, after the end, and then open to the community. "They may have invited some experts, but this is an operation that is not normalized. A scholar close to the Ministry of Land and Resources told China Newsweek, "These experts may only be involved at a very limited level." True expert participation should come from various aspects that represent the interests of all parties, not just to help write the law.　　The unnamed scholar also said his unit had made some changes last year, but "it is actually some basic work". A number of academics have said they have received a "draft of comments", but most said: "Useless, very disappointed, did not submit comments." "A long-term study of the land tenure system, the scholar said:" The way of soliciting opinions does not form a normal, equal dialogue mechanism. It is learnt that the revised draft land Administration law has been held in Beijing on April 29 after several rounds of consultation within the land system demonstration.　　The meeting was chaired by the Ministry of Land and Resources, the National People's Congress Special Committee, the State Council's legal Office, the relevant research units and institutions of higher learning and other units of experts, scholars were invited to attend. "The experts and scholars believe that the Ministry of Land and Resources on the amendment of the law is clear, the main line is clear, the basic framework is more reasonable, and further on the clear scope of land expropriation, collective construction land transfer, safeguard the rights and interests of farmers to discuss the content, put forward valuable suggestions and opinions.　　"China Land and resources daily," said the demonstration.　　"China Newsweek" has interviewed the Ministry of Agriculture, Housing and urban and rural construction, the Chamber of Commerce, and real estate developers and other stakeholders have said that their units are not involved.　　The result of "strengthening administrative management" in the absence of legislative link is that the people's participation in concrete work is rare and relatively passive. "There are too many administrative powers in the government. In land transaction, land reserve and other links, the public participation is poor.　　A scholar who understands the revised content of the land Administration Law thinks that the legal modification, which is led by the Land Management department and lacks the participation of the stakeholders, results in strengthening the administration and neglecting the fairness of the law. The scholars close to the Ministry of Land and Resources told China Newsweek, "These things must be done by experts, the experts are neutral, he will consider the overall interests." However, our legislation does not do so, even within the land and resources system is only a small part of the people doing.　　Yang Chongguang, a consultant of the Law Center of the Ministry of Land and Resources, said that the land administration law should be adapted to the requirements of market economy and be set up on the basis of reform. Yang Chongguang is one of the few scholars in China Newsweek who has come into contact with the "Draft of land Administration Law" for comments and comments. He pointed to the dense comments of the "draft" to Tell "China Newsweek", the existing lawThe law has not been very well modified, "We are not satisfied with the same as do not modify, to be modified to have a breakthrough." "Yang Chongguang said that the breakthrough includes, fundamentally define the existing land basic system," the division of Ownership is not scientific, why is it that the city is the country? The countryside is collective? In the era of planned economy, cities, enterprises and all the organizations are the state, so that these units and people use the land is also the state, which is to use the right to determine ownership, in the era of planned economy this is working. But over the past more than 20 years, the city has been expanding, farmers have become citizens, how to distinguish between rural and urban? At present it is an administrative measure. This falls into a superstructure that determines the economic fundamentals of the absurd. "To all the land of the country, theoretically, farmers should be part of it," he said. The state and rural collective ownership is equal in rights, so farmers should enjoy more rights, but in fact the farmers are obviously in an unequal position. "Yang Chongguang told China Newsweek," Urban land and rural land in the right should also be equal, urban land can not be used as a synonym for land, urban land is not equal to the land of the country. "Yang Chongguang further believes that the land to maintain the vital interests of the people, and the Land Management law contains interests, interest," the property is not clear, the interests are not clear, it can not be fair. "Li Xiandong, a professor of civil and commercial law, said in an interview with China Newsweek, in order to avoid the" social interests of the sector, the interests of the group, the interests of the legal system ", it must be open and impartial," at the drafting stage can be entrusted to the administration is understandable, but the final stage of formulation must be the National people to participate, To get rid of the shackles of departmental interests. "★