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media comments on the forced demolition of orchards in ye county: "hard-line attitude" reveals the local leaders' weak legal awareness

2024-09-21

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recently, the "ye county orchard demolition" incident has attracted great attention from the public. on september 20, pingdingshan city, henan province, announced the establishment of a joint investigation team composed of the commission for discipline inspection and supervision, natural resources and planning, agriculture and rural areas, forestry, and judicial departments to conduct a comprehensive investigation.

there is no doubt that it is normal work for local governments to expropriate and demolish houses for social development. forced demolition may be carried out when necessary, but there is a prerequisite: legal procedures must be followed and the law must be strictly enforced. in addition, the law stipulates that violence, threats, or illegal methods such as interrupting water, heating, gas, electricity, and road access shall not be used during the demolition process. the ministry of public security also clearly stipulated in 2011 that it is strictly forbidden for public security police to participate in non-police activities such as land expropriation and demolition. the reason why the "ye county forced demolition of orchards" incident quickly triggered public opinion is that from the videos, pictures, and recordings exposed at the scene, there is no trace of legal demolition. according to the person involved, jia ke, "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 a hundred vehicles and three excavators used for construction. they went into the pear garden, first cut off the power supply, and then blocked the surrounding roads. then they took away my family's mobile phones, pinned all of us in the mud, carried us away, and locked us up in a nearby township police station for a whole day." road closure, power outage, carrying us away, special police, these exciting words all touched the nerves of the public.

why did the conflict over the forced demolition of orchards in ye county occur? according to current reports, the key issue is the compensation standard. my country's civil code stipulates that "when expropriating houses and other real estate of organizations and individuals, compensation shall be given in accordance with the law to protect the legitimate rights and interests of the expropriated persons." however, there are often huge differences between the two parties on how much compensation is appropriate, which has become the fuse of many demolition conflicts.

around november 8, 2023, the party committee staff of rendian town, ye county, who was in charge of the negotiation, asked jia ke and the highway project party to find an assessment agency to assess the occupied orchard. both parties found henan baixin assessment company at the same time. the assessment company verbally informed jia ke that the assessment result of the occupied orchard was 3.19 million yuan, while rendian town said that it could only compensate 180,000 yuan according to the standard of scattered fruit trees. the huge disparity of nearly 3 million yuan came from the dispute between ecological forests and economic forests.

in 2013, the state forestry administration issued the "notice on printing and distributing the identification standards for ecological forests and economic forests in the project of returning farmland to forests", which clarified the identification standards for ecological forests and economic forests: "ecological forests refer to forests planted in the project of returning farmland to forests for 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 planted in the project of returning farmland to forests for the main purpose of producing fruits, edible oils, beverages, seasonings, industrial raw materials, and medicinal materials."

since there is a legal basis, this problem is not difficult to solve. negotiation, arbitration, and lawsuits are all possible ways to consider. since ye county and jia ke are "at a stalemate", the higher authorities should intervene in the investigation with an impartial attitude, make a ruling based on relevant laws, clarify the amount of compensation for the orchard, and settle the dispute. however, ye county rashly used violent means and forced the process forward when the two sides did not reach an agreement, which intensified the conflict. this is a bad idea. its "tough attitude" just exposes the weak legal awareness of some local leaders.

it is understandable that ye county is eager to promote the implementation of key projects, but this cannot be an excuse to ignore the rule of law. using "force" is not a wise move, and only by following the "law" can the people be convinced.

in 2014, jia ke graduated from henan urban construction college and responded to the call of the ye county party committee and county government to return to his hometown to start a business. the result he got now has caused an uproar in public opinion, but it has hurt the hearts of many returnees. the greater significance of investigating the "ye county forced demolition of orchards" is that the rule of law must be implemented, and the return to hometown to start businesses and the legal rights and interests of "jia ke" need strong protection.

modern express/modern+ commentator tan shenyan