investigate the "ye county orchard demolition incident" and protect the rights and interests of young entrepreneurs in accordance with the law
2024-09-21
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recently, the "ye county orchard demolition incident" has attracted great attention from the public. on september 20, the pingdingshan city joint investigation team issued a notice: 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, and justice to carry out a comprehensive investigation.
previously, china traffic radio had reported on this matter: after graduating from university, jia ke returned to his hometown, rendian town, ye county, pingdingshan city, henan province, and contracted more than 30 acres of land to plant golden pear trees. however, he did not expect that the construction of the local expressway would occupy about 7 acres of the orchard. faced with the conflict, the two sides never reached an agreement on the demolition. in the end, the county government leaders led staff from multiple departments to forcibly demolish the orchard.
facing the media, jia ke said that his road to defending his rights was very difficult. the compensation standard discussed with him by the rendian town government of ye county was based on the "notice on issuing the compensation standards for young crops and ground attachments in pingdingshan city" issued by the people's government of pingdingshan city. according to this notice, the amount of compensation he can get is about 180,000 yuan. but he believes that his orchard can be identified as an economic forest according to relevant national regulations, and the compensation standards of the two are very different. according to jia ke's description: "on april 2, the county government, led by the executive deputy county magistrate, assembled about 400 people, including police cars, bulldozers, special police, and traffic police. there were about 100 vehicles and three excavators for construction. they went into the pear orchard, cut off the circuit first, and then blocked the surrounding roads. then they took away my family's mobile phones, pressed all of us into the mud and carried us away, and locked us up in the nearby township police station for a whole day."
for work needs, local governments may carry out forced demolition activities when necessary, but forced demolition must be carried out in accordance with relevant procedures and strictly in accordance with the law. according to the relevant provisions of my country's civil code, "when expropriating the houses and other real estate of organizations and individuals, expropriation compensation shall be given in accordance with the law to protect the legitimate rights and interests of the expropriated persons." in other words, forced demolition does not mean violent demolition, nor does it mean that county leaders can mobilize police forces at will to boost momentum. violent acts that occur during forced demolition are strictly prohibited by law.
fundamentally, the key to this dispute lies in how much compensation the relevant departments should pay to jia ke's orchard. in fact, there are regulations to refer to. as early as 2013, the state forestry administration issued the "notice on issuing the identification standards for ecological forests and economic forests in the project of returning farmland to forest", which clarified the identification standards for ecological forests and economic forests: "ecological forests refer to forests created in the project of returning farmland to forest with the main purpose of reducing soil erosion and wind and sand hazards, mainly including soil and water conservation forests, water source conservation forests, windbreak and sand fixation forests, and bamboo forests; economic forests refer to forests created in the project of returning farmland to forest with the main purpose of producing fruits, edible oils, beverages, seasonings, industrial raw materials and medicinal materials." it is not difficult to distinguish the two based on the afforestation tree species, afforestation density, vegetation configuration, and management measures. now, since jia ke and the county government cannot reach an agreement, the higher-level competent authorities should intervene in the investigation with an impartial attitude and make a clear conclusion, so that the dispute can be settled.
to avoid similar situations, grassroots governments must continuously improve their governance capabilities and reasonably handle various interest disputes behind demolition. on the one hand, this concerns the basic rights of real estate owners, and on the other hand, it also concerns social stability and the image of the government. now, in the face of attention from all walks of life, pingdingshan city has launched an investigation, hoping that the investigation can find out the truth as soon as possible. if the investigation shows that there are indeed government violations, they should be severely punished, and at the same time, it is also necessary to ensure that the rights and interests of young entrepreneurs are reasonably compensated. whether it is the problem of forced demolition or other issues involving the government's credibility, the more it is under the focus of the public's attention, the more it should be investigated thoroughly, and no ambiguous corners should be left.
all sectors of society, including grassroots governments, should give as much support as possible to those college student entrepreneurs who are passionate and have ideas. even if there is a conflict between government administration and business development, the government should think more from the perspective of entrepreneurs and from the perspective of optimizing the business environment to avoid the escalation of conflicts and ultimately a "lose-lose" situation for all parties.
source: china youth daily client
