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The author:(作者)delvpublished in(发表于) 2014/1/27 9:10:17 Zhengzhou villages is not a compensation scheme to demolish the villagers houses， was dismantled to make up
Legal evening news (reporter Yi Kyu-Bo) not long ago, Zhengzhou City West Lake Street, West Village village, Hou Yisong xiaojing under water, said Gao Zenggen, Wang Chun to the newspaper from some villagers reflect, because the local government hasn't introduced formal housing compensation and rehousing programme, they did not agree to sign "the dismantlement and removal of temporary transitional agreements", resulting in their houses suffered illegal evictions.
Recently, field interviews with this reporter to visit the region and found that "the dismantlement and removal of temporary transitional agreement" does exist. Member of the National Bar Association Administrative Law Committee said Wang Cailiang, in accordance with the relevant provisions, is imposed by the implementation of the housing should first compensation, then removal and programme must be carried out before the announcement of land expropriation compensation, demolition or unlawful, "the dismantlement and removal of temporary transitional agreements" have no legal validity.
Forced demolition night demolish 12 year old girl frightened voice
Xiaojing village, Zhongyuan district, Zhengzhou city, is the West Lake Street West village a village in this area. Xiaojing village villager Gao Zenggen to reporters on September 28, 2013, the villagers received a call from West Lake Street office staff, inform the housing demolition, and must arrive before October 7, xigang village to check "temporary transitional agreement."
"I ask their standard relocation compensation, resettlement programmes, as well as issues such as transition time, and they said no. "Gao Zenggen said his 2007 has officially settled in xigang village, but the dismantlement and removal of the xiaojing village has new and old villagers discriminate against, that is, indigenous villagers follow the removal compensation on the Homestead, but settlers from other places in accordance with split second make up a compensation, he found unreasonable, and therefore refused the" interim transitional agreement "results suffered forced demolition.
According to Gao Zenggen,, October 5, neighbourhood and village leaders led hundreds of people came to the village to demolish, wearing helmets, armed with a crowbar, a hammer and other tools, the entrance blocked, refused "the dismantlement and removal of temporary transitional agreement" villagers smashed the doors and Windows of the House.
46 year old villager Yang Changzhen told reporters that he and her husband had been working in the XI ' an, 12 year old daughter to stay at home to attend school. She was only notified on October 5 had her back to sign "interim transitional agreements", was when she came home by train on October 7, when she was in the corner of the House to find your daughter, to talk to her daughter's mouth, but no sound, she quickly picked up his daughter, found her daughter whole body cold and kept shaking and crying a lot.
"My heart is like a knife. "Yang Changzhen said with sad, she later learned, removal officers entered the village on the night of October 6 strong, sound shock daughter was smashed doors and Windows, bawl lead vocal cord injuries, now she is worried about a loan to see his daughter.
Visited the tent took turns guarding the villagers houses
Recently, this reporter went to xiaojing village demolition site to see, every village, Gao Zenggen, Wang Chun, with Zhao shengli of several families in the village, such as housing parts have been removed, a large number of architectural ruins and no cleanup, Gao Zenggen, Hou Yisong villagers stop safely tucked away at the main entrance, while houses around has been a huge mound of Earth surrounded by.
Hou Yisong said on November 16, 2013 at 4 o'clock in the afternoon, due to the village's broken water, when he went to nearby water, leading people of the street to demolish his house, home to tens of thousands of dollars worth of furniture, household appliances were buried in the ruins.
Today, Hou Yisong left some rooms have not been dismantled, in and out of the House, he had to be drilled from the side of a door into the drill.
According to Gao Zenggen memories, last demolitions took place in November 26, 2013, Ding Yonghui Street Office cadres that night, with hundreds of people came to the village, he and Wang Chun, Guo Dianjie, a few residents to demolish homes, did not stop until a crowd were injured.
In order to prevent their houses before the Spring Festival was dismantled, Gao Zenggen, John Ching class villagers put two simple tents in the village to guard their homes. Cheng Dongjia said 65 villagers, village in the city, and others turning to him to be very supportive, but the demolition process should be legal, and should respect the rights of the villagers, instead of forced demolition during the night.
Reporters in the interview, and learned many of the villagers and the demolition command entered into a "rail line Line 1 bus station in West Lake House dismantlement and removal of temporary transitional agreement."
Government response to the "interim transitional agreement" may replace the formal relocation agreements
West Lake Street community outreach leader Wei Shaojie interview with a reporter, said there are "temporary transitional agreement." He explained that the demolition and xiaojing village only a fraction xigang village, there are ten villages not demolition, xigang village as a whole has not yet started as a whole urban village reconstruction, before a formal compensation standards, policy does not exist, only to sign a transitional agreement. And now West Village urban village reconstruction is under way, they can hold transition agreement signed relocation agreements, original transition relocation agreement null and void.
Gao Zenggen, as reflected by the villagers evictions, said Wei Shaojie, several families belonging to the property room, are mostly settlers from other places came early 90, after the purchase of village collective land, in this case cover without any planning, this House is not evidence. Last year the Ministry of land and resources, Ministry of housing issued specifically insist on curbing illegal construction and sale notice of limited property rights, under construction, selling property resolutely investigated and dealt with. Take into account municipal construction project begins soon, street files require a forced demolition according to requirements.
For this statement, Yang Changzhen, Gao Zenggen and other villagers said their houses were not property, and land use permits in the village.
Experts ' opinions
Demolition is an offence to make it up to
"Relocation compensation is not in place, not allowing forced demolition. "This reporter had an interview with the all-China Lawyers Association Administrative Law Committee Executive Wang Cailiang. He said that if it was legal, standardized housing units program, you must first obtain government approvals for land expropriation and want the Government to make decisions and notice of expropriation compensation programme for land expropriation and relocation agreements with the consultation agreement.
Wang Cailiang believed that West Village demolition that occurred when "the dismantlement and removal of temporary transitional agreement" does not have the force of law, and that the compensation and rehousing arrangements for housing urban village reconstruction programmes and standards introduced after the renewal procedure is unlawful.
Wang Cailiang also said that housing subject to strict legal protection of the citizens, without statutory procedures shall not be forced demolition. Law, no unit or individual may resort to violence, intimidation or interrupted water supply, heating, gas, electricity and roads through illegal means, imposed by the force people to relocate.
In addition, xigang villagers, old and new in the demolition of the village of different treatment, said Wang Cailiang, as long as the settlers from other places in the village fell, to land in the village, Homestead when confronted with a demolition, the treatment should be consistent with the original inhabitants are equal,. Xigang village such practices are clearly wrong.
Text/reporter Yi Kyu-Bo
(Original title: urban removal then fill experts say illegal)
法制晚报讯 (记者 李奎) 不久前，郑州市西流湖街道西岗村所辖小京水村侯以松、高增根、王纯等部分村民向本报反映称，因当地政府还没出台正式的房屋补偿安置方案，他们不同意签订“临时过渡拆迁协议”，结果自家房屋遭遇非法强拆。
近日，记者就此前往当地进行了实地采访，发现“临时过渡拆迁协议”确实存在。全国律协行政法专业委员会执行委员王才亮表示，按照相关规定，实施房屋征收应当先补偿、后搬迁，而且土地征收补偿方案必须事前进行公告，否则就属于非法拆迁，“临时过渡拆迁协议”没有法律效力。
强制拆迁夜晚强拆 12岁女孩受惊吓失声
小京水村，是郑州市中原区西流湖街道办事处西岗村辖区的一个自然村。据小京水村村民高增根向记者介绍，2013年9月28日，村民们接到西流湖街道办事处工作人员的电话通知，告知房屋要拆迁，而且必须在10月7日之前到西岗村村委会来签“临时过渡协议”。
“我问他们拆迁补偿标准、安置方案以及过渡时间等问题，他们回答说都没有。”高增根说，他2007年已正式落户到西岗村，但此次小京水村拆迁却针对新老村民区别对待，即原住村民按照宅基地拆一补一，而外来户则按照拆二补一补偿，他觉得不合理，因此拒签“临时过渡协议”，结果遭遇强拆。
据高增根说，10月5日晚上9点，街道办事处及村领导带领近百人进村进行强拆，头戴安全帽、手持铁棒、铁锤等工具，将村口堵住，对拒签“临时过渡拆迁协议”的村民家的门窗进行打砸。
46岁的村民杨昌珍告诉记者，他和丈夫原本一直在西安打工，12岁的女儿留在老家上学。她是10月5日才接到通知让她赶回来签“临时过渡协议”的，等她坐火车回到家时已是10月7日凌晨3点，她在房屋的墙角找到女儿时，女儿张了张嘴跟她说话，却没有了声音，她赶紧抱起女儿，发现女儿全身冰冷并不停颤抖，哭个不停。
“我当时的心就像刀割一样。”杨昌珍伤心地说，她事后才得知，10月6日晚强拆人员再次进村，女儿被打砸门窗的声音惊吓过度，大哭不止导致声带受伤，目前她正发愁借笔钱先给女儿看病。
现场探访村民搭帐篷 轮流看守房屋
近日，记者来到小京水村拆迁现场看到，村头高增根、王纯、赵胜利等几户村民的房屋部分已被拆除，大量的建筑废墟并没有清理，将高增根、侯以松等村民的正门挡得严严实实，同时房屋的周边已被巨大的土堆包围。
侯以松说，2013年11月16日下午4时许，由于村里断了水，他去附近取水时，街道办领导带人对他的房屋进行了强拆，家里价值数万元的家具、家电被埋在废墟里。
如今，侯以松家还剩下部分房间未被拆除，为出入家门，他不得不从侧面凿开一个小门钻进钻出。
据高增根回忆，最后一次强拆发生在2013年11月26日凌晨2点，当晚街道办干部丁永辉带着近百人进村，对他家及王纯、郭殿杰等几户居民家进行强拆，直到有一名群众受伤才停止。
为防止自家房屋在春节前被拆光，高增根、程东甲等村民在村头搭了两处简易帐篷看守家园。65岁的村民程东甲说，搞城中村改造，他和其他拆迁户一样都是非常支持的，但拆迁的过程应当合法，并且应尊重村民的权利，而不是搞夜间强拆。
记者在采访中，了解到已有不少村民与拆迁指挥部签订了“轨道交通一号线西流湖公交场站工程住宅临时过渡拆迁协议”。
政府回应“临时过渡协议”可更换正式拆迁协议
西流湖街道办外宣负责人魏少杰接受记者采访时，表示确有“临时过渡协议”。他解释说，此次拆迁的小京水村只占西岗村一小部分，还有十个村组没有拆迁，整个西岗村尚未整体启动城中村改造，在正式的拆迁补偿标准、政策没有出台前，只能先签一个过渡协议。而目前西岗村城中村改造正在进行，他们可以拿着过渡协议签订正式拆迁协议，原来的过渡拆迁协议作废。
对于高增根等村民所反映的强拆问题，魏少杰表示，这几户属于小产权房，大多是90年代初迁来的外来户，购买村集体土地后，在没有任何规划的情况下盖房，这种房屋没有房产证。去年国土资源部、住建部专门下发坚持遏制违法建设、销售小产权的通知，对在建、在售小产权房坚决查处。因此考虑到市政建设工程开工在即，街道办按照上级的文件要求实施了强拆。
对这一说法，杨昌珍、高增根等村民表示，他们的房屋并非小产权房，而且有村里的宅基地使用证。
专家观点
先拆迁再补偿属违法行为
“拆迁补偿不到位，是不允许强制拆迁的。”记者就此采访了中华全国律师协会行政法专业委员会执行委员王才亮。他表示，如果是合法、规范的房屋拆迁程序，必须先取得政府相应的土地征收批文，并且要将政府作出的土地征收决定以及征收补偿方案进行公告，然后再与拆迁户协商签订拆迁协议。
王才亮认为，西岗村拆迁时所出现的“临时过渡拆迁协议”，并不具备法律效力，而且房屋补偿安置方式及标准要等城中村改造方案出台后再重新签订的做法属于违法行为。
王才亮还表示，公民的房屋住宅受法律严格保护，未经法定程序不得强制拆迁。法律明确规定，任何单位和个人不得采取暴力、威胁或者中断供水、供热、供气、供电和道路通行等非法方式，迫使被征收人搬迁。
此外，对于西岗村新老村民在拆迁待遇不一的情况，王才亮表示，只要外来户在村里正式落了户，村里也给分了宅基地，那么宅基地遇到拆迁时，其待遇应当与原住村民是平等、一致的。而西岗村的此种做法是明显错误的。
文/记者 李奎
(原标题：城中村改造先拆后补 专家称违法)
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