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a topic about "ye county's forced demolition of orchards" became a hot search.

on september 19, many netizens posted articles questioning the resume information of hu weize, deputy county magistrate of ye county, pingdingshan city. baidu encyclopedia information showed that hu weize was born in may 1971 and joined the xinhua district people's congress in 1985 at the age of 14.

previously, jia ke, a college student who returned to his hometown in ye county, pingdingshan city, henan province to start a business, had his pear garden forcibly expropriated by the local government for highway construction without reaching an agreement on compensation plan.

jia ke said that on april 2 this year, ye county executive deputy mayor hu weize assembled more than 400 people from the public security, traffic law enforcement, town government and other departments to illegally demolish the 7-acre pear orchard that he had painstakingly managed for nearly a decade.

in an interview with the media on september 19, jia ke recalled that he was very desperate at the time, "i cried to the sky and the earth but no one answered." he said that day five months ago was a nightmare for his family because his opera garden was demolished, and four women and an elderly man in his family who came forward to record the video for evidence were pinned to the ground and their phones were taken away.

in response to this, on september 20, the "pingdingshan release" wechat public account issued a notice stating that in response to the recent online report of the "ye county forced demolition of orchards" caused by a dispute over compensation standards, the pingdingshan municipal party committee and municipal government have immediately established a joint investigation team composed of the commission for discipline inspection and supervision, natural resources and planning, agriculture and rural affairs, forestry, justice and other departments to conduct a comprehensive investigation.

screenshot of the notice. source: "pingdingshan release" wechat official account

judging from the current situation, the "ye county forced demolition of orchard" incident has been embroiled in three major controversies.

controversy 1: the deputy county magistrate’s resume is questioned

as the incident escalated, the resume of hu weize, member of the standing committee of the ye county party committee and executive deputy county mayor of pingdingshan city, henan province, was questioned by netizens.

according to his resume, hu weize was born in may 1971. the earliest version of baidu encyclopedia shows that he entered the xinhua district people's congress in 1985 when he was only 14 years old. after the revision, hu weize worked in the xinhua district people's congress from march 1988 to december 1999, and studied law at pingdingshan teachers college from march 1993 to july 1995.

since then, hu weize has served as deputy secretary of the party committee of jiaodian town, xinhua district, chairman of the standing committee of the people's congress, deputy head of the preparatory group of xigaohuang sub-district office, xinhua district, etc. in october 2015, he served as a member of the party leadership group and deputy district mayor of xinhua district people's government. in april 2019, he served as a member of the standing committee of the xinhua district committee of the communist party of china and minister of the united front work department. from august 2021 to the present, he has served as a member of the standing committee of the ye county committee of the communist party of china and executive deputy county mayor of ye county people's government.

it is worth noting that according to the revised age calculation, hu weize still has doubts that he was under 18 years old when he started working. in this regard, the staff of the organization department of the pingdingshan municipal party committee said that they are verifying the specific situation and will reply with the results.

controversy 2: is violent demolition illegal?

the second controversial point of the incident is whether the relevant departments can forcibly demolish other people's private property when no consensus has been reached on compensation for land acquisition and demolition? does forced demolition violate relevant laws? these questions still need to be further answered.

it is understood that jia ke is from rendian town, ye county, henan province. after graduating from university in 2014, he returned to his hometown to transfer land and prepare to plant fruit trees. in 2015, he chose to plant korean golden pears on 26 acres of land and founded pingdingshan pear blossom manor co., ltd. in 2020, the pear trees entered the peak fruit-bearing period, and its golden pear brand became a "well-known agricultural product brand" in henan province.

in 2021, jia ke heard that the newly built ye-lu expressway would pass through the orchard and that 7 mu of land in the orchard would need to be requisitioned. public information shows that the ye-lushan expressway, with a total length of about 67.5 kilometers, is one of the nine new congested road diversion routes approved by the henan province expressway network plan (2021-2035). the project officially started construction in june 2021.

after the news came out, construction workers began to measure the orchard starting in 2022. the local government also issued a notice to requisition land, which covers an area of ​​about 6 to 7 mu. however, the two sides have not yet reached a consensus on compensation for land acquisition and demolition.

on june 13, 2023, the rendian town government issued a "notice of clearance within a time limit" to jia ke's orchard, requiring him to clear the planted pear trees by himself before june 14, 2023. the notice clearly stated that if he failed to clear the orchard within the time limit, the town government would clear it, and jia ke would bear the losses caused by it.

jia ke told the media that after the government issued a deadline for cleanup, he sued the rendian town government in court. after receiving the notice to respond to the lawsuit, on september 6, 2023, the rendian town people's government decided to withdraw the "notice of deadline for cleanup".

but what jia ke did not expect was that on april 2, 2024, his orchard was demolished without any prior notice.

jia ke said that at 7 a.m. that day, more than 100 vehicles and three cranes suddenly gathered around the pear orchard. the orchard was cut off from electricity, and passing vehicles were not allowed to stop, let alone get off the car to take photos for evidence. later, jia ke's mother, wife, second aunt, and grandfather were pinned to the ground while recording evidence, and their phones were taken away. the four were then forcibly carried out of the orchard and locked up in the police station.

dispute 3: how much should the compensation be?

the third controversial point of the incident is the amount of compensation.

on september 19, jia ke said in an interview with the media that he did not agree with the basis for the compensation amount set by the government because it was too far from his actual losses. the local government responded that it would actively communicate and coordinate on the matter.

according to the henan provincial forestry bureau's economic forest compensation standards, jia ke once asked an appraisal company to assess the losses of the orchard, and the compensation cost exceeded 3 million yuan. this figure is more than 16 times the 180,000 yuan calculated by the local government.

land acquisition and demolition are issues that my country has to face in the process of urbanization. however, as my country's rule of law society continues to improve, violent conflicts caused by forced demolition have decreased.

according to article 243 and article 338 of the civil code of my country, when collectively owned land is expropriated, land compensation fees, resettlement subsidies, and compensation for rural villagers' houses, other ground attachments, and young crops, etc., shall be paid in full and in a timely manner in accordance with the law, and social security expenses for the expropriated farmers shall be arranged to ensure their livelihood and safeguard their legitimate rights and interests. if the contracted land is expropriated, the land contract management right holder shall have the right to obtain corresponding compensation in accordance with the provisions of article 243 of this law.

it is reported that the compensation standard proposed by the rendian town government is based on the pingdingshan municipal people's government document pingzheng [2017] no. 33 "notice on issuing the compensation standards for young crops and ground attachments in the expropriation of land in pingdingshan city".

the document stipulates that the compensation standards for planting economic forests on forest land shall be strictly implemented in accordance with the relevant requirements of the "notice of the henan provincial forestry department on adjusting the compensation standards for economic forests on land expropriated for national construction" (yu lin jing [2017] no. 2).

however, since the land contracted by jia ke was not planned to be used as forest land, the local government only compensated him according to the category of "scattered fruit trees", with a total compensation of 180,000 yuan for the 7 acres of land.

compensation standards for scattered fruit trees source: jimu news

regarding the applicable laws and regulations on relevant compensation, yuan sanhui, a partner lawyer at hubei yisheng law firm, believes that the pingdingshan municipal government's document clearly stipulates that the compensation standards for economic forests shall be implemented in accordance with the "yu lin jing [2017] no. 2" document of the henan provincial forestry department, but the current yu lin jing [2017] no. 2 document has been abolished and replaced by yu lin jing [2020] no. 167.

"therefore, on the premise of confirming that the orchard is an economic forest, the corresponding compensation standard should refer to the document no. 167 of henan provincial forestry bureau, that is, compensation should be made based on the output multiplied by the price, and then combined with whether it is the peak fruit-bearing period and multiplied by the corresponding multiples. if there are objections to the compensation standards, the two parties can jointly entrust an assessment." yuan sanhui said.