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The author:(作者)aaapublished in(发表于) 2014/8/12 4:10:04 Beijing 69 kiosks by Chengguan violent demolitions， lawyer suspected of illegal
"Special report" Beijing 69 kiosks were demolished by violence
The China economic weekly reported correspondent Zhang Yan of |
July 31 from 23 o'clock the morning of August 1, just a few hours, Beijing, Chaoyang District, a total of 69 kiosks were torn down. This is Beijing's biggest newsstand demolition in recent years.
As the Beijing Municipal Government had "and do practical things for the people" cultural benchmark, all along, the newsstand undertakes the upgrading urban cultural features and solutions to re-employment of laid off workers and groups such as the social stabilisation function, is placed to resolve Government worries Pavilion, was the capital of a cultural landscape. What made once culture label has become a control point?
Overnight,
69 kiosks were torn down
Liang Tao, it is a nightmare day on July 31.
In 2000, Liang Tao a belonging to the Beijing newspaper China post and retail company signed the postal kiosks business agent operating agreement, is responsible for two kiosks near Chaoyang yongan's daily operations. For 14 years, both the newsstand is the only source of livelihood Liang Tao family of five people.
On July 25, Liang Tao jinglun hotel, sat outside the building as usual Street kiosks in front of the reference business afternoon, two uniformed officers outside the peach beam newsstand, one male Chengguan notify Liang Tao, the newsstand she must be removed before the 28th.
Liang Tao, told the China economic weekly: "Cheng Guan said on television, newspapers said, not to sell drinks, I was selling drinks away. I asked them where to go, they say it's your own business, then go away. ”
Liang Tao was foolish of her newsstand while serving beverages, which are agents permitted in the operating agreement, how to let her move it?
Before beam peach react, in Xiushui market not far away another newsagent's father-in-law anxiously walked over and told her the same message, Chengguan said Xiushui market in front of kiosks are also to be removed.
Liang Tao said, "I'm a nasty, these pavilions are kiosk company (Beijing newspaper retail company) built in locations they chose, how can we convince to move. Not to sell the beverage does not sell, move and what they do. ”
Liang Tao will soon contact the newsstand owner--Beijing press and retail companies. Contact until after being notified not only by her family's newsstand.
According to the Beijing newspaper retail company, July 25, they had received more calls from operators, reason is because received from urban management, community centers and other units of the oral notice, requiring operators within a few days to be emptied and removed the newsstand, but Beijing newspapers retail company had not received any official notification from any sector.
"Kiosk companies, and I said all right, they will help negotiate, we went home. "Liang Tao said," but the 28th Cheng Guan came again and said, you get empty, 31st we split up, and walked away. ”
Although the promise of a retail company in Beijing newspapers, Liang Tao is not assured. The night of 31st, the family is packing to go home as usual, but gathered in the Xiushui market in-laws newsstand here.
23 o'clock, newsstand near a forklift and a truck, about a dozen people. "I don't know if they are streets, urban management and public security, someone wearing a Chengguan uniform, some dressed in civilian clothes. When my husband and I outside the Pavilion, father-in-law and mother-in-law in the alcove, her mother-in-law was locked. We ask them: why should remove our Pavilion, but there was no attention to us, a few people just break down the door. "Liang Tao recalled.
The scene clashed, Liang Tao's hands pulled my mother-in-law being bashed in. He saw his wife was injured, Liang Tao's father rushed up to began to beat each other, but were soon overpowered by the other party. Stranded Liang Tao family watched helplessly as the other two pavilions had been smashed.
"My father-in-law was taken to the police station, said that is because the impact enforcement has detained, will not out. Her hand hurt for a few days, hospital to hospital, hospital fees to 8000, we do this year will earn thirty thousand or forty thousand, where's the money to pay the hospital fees, now don't even have ways to make ends meet. "Liang Tao choked up.
It is understood that the July 31 from 23 o'clock the morning of August 1, just a few hours, total 69 newspapers kiosks in Chaoyang district were torn down. Beijing publications retail company employees in several of them removed after receiving a message the spot, holding the People's Republic of China postal law, declared to the scene removed personnel kiosks belonged to state-owned assets, but there is still no block success.
Demolition is not clear
Beijing publications retail companies to the China economic weekly, the company in April of this year received a related regulation issued by the Beijing Municipal Sports Committee press notice of the Ting, currently finishing activities have been carried out in all districts. "We developed a strict governance programme, the next spot, and make great efforts to control the kiosk range management, requesting the return of operating within a pavilion. But you can run, can't say don't say split Ah! ”
The China economic weekly, July 25, Beijing has dozens of kiosks received similar verbal notification, within the jurisdiction of these kiosks belonged to the Chaoyang District. Told that the reasons vary, some are "suspected of range management", some are "affecting appearance city appearance", and some simply said "is the command."
Cui Meiling is the Northwest corner of da Wang Road, Chaoyang District, a newsstand operator. In 1999, Cui Mei ling was the pair was out of Beijing with her husband "holding 60 things for people," beneficiaries. For a dozen years, she is always full of enthusiasm, selling newspapers, helping people change, duty to show people the way, her kiosk has been named "demonstration kiosk." Newsstand revenues are not high, before 2008 net profits there are 7000 Yuan a month, newspaper industry downturn in recent years, she sold only more than 2000 Yuan a month. Three of this is the source of all life. August 1, newsstand and it did not escape demolition of her bad luck.
"City management when taking apart, saying Beijing will leave in APEC (Asia-Pacific Economic Cooperation, the Asia-Pacific Economic Cooperation Organization), my newsagent affect appearance city appearance. "Cui Meiling said it would wrong to cry out," my newsstand has long been criticized as demonstration kiosks, in addition to newspapers and magazines not selling anything, how do I just eyesores the city? Next to me so many illegal Santan regardless, I operate legally, why me? ”
It is understood that, in 2007, Beijing had issued the code of Beijing urban road public service facilities. According to the code, from overpasses and pedestrian tunnel entrances, transit people to evacuate from site entrances, bus stops within 15 metres of the walkways should not set the newsstand, covers should not be greater than 6 meters, width of 5 meters should not be set below the sidewalk newsstand. Meanwhile, Beijing postal service launched in 2005, the Beijing Municipality also clearly stated in the standards of civilized demonstration kiosks, kiosks may not sell alcohol, tobacco, beverages, film, batteries, food. But then, some kiosks get permission from the Ministry of Commerce and industry in Beijing, can sell drinks.
The China economic weekly reporter dismantled several newsstand site visits revealed that part of demolition of kiosks did not violate the provisions of the Code mentioned above. Located near East peace bridge, Chaoyang District, for example, the China Film Association in front of the kiosk, neither subway nearby overpasses, nor suspected road. During communication, the newsstand operator Sun Jianhua frustration to the streets leading to kneel, but the kiosk is still on August 1, at 3 o'clock in the morning was forced to remove the peace garden of about 300 m from the road in the community.
The relevant government departments: "it is not clear this thing"
According to several media reports, kiosk demolition may be due on July 25, a news-related. On July 25, the Beijing daily, the Beijing morning post and other local newspapers have reported that reporters from the Beijing Municipal City Management Committee was informed that in 2014, Beijing will be on the road for the subway, bridge and other locations to clean up breakfast carts, kiosks, freeing up squeezing of road space, and kiosks will also be redesigned, and strive with street style.
In this regard, the China economic weekly contacted the Beijing Municipal City Management Committee, said a staff member of the propaganda Department, relevant provisions is not clear at this stage appearance management plans of the departments did not dismantle the newsstand.
According to the staff, newsstand appearance Management Department management, focused on "not illegal to sell food and water", do not occupy, regulation would provide the appropriate planning taken into account in the process. "The newsstand has a problem, we will contact the newsstand operators or post to clean its own House, we cannot and will not be responsible for dismantling the newsstand."
It is learned that the evening perform demolition in urban management unit under the management of Chaoyang District, Beijing City Bureau of comprehensive administrative law enforcement supervision. The China economic weekly phone calls the day of the news-stand dismantling, the officials said, on the explanations by the Chaoyang District Committee propaganda department responsible for this event. Chaoyang district Party Committee propaganda Department staff members told the China economic weekly said, is not yet clear this matter.
The China economic weekly, Chaoyang District, then call the Government hotline, hotline staff said, Chaoyang District Government had not received notification of demolition of kiosks within the region.
Oral notice does constitute a violation of law enforcement?
In the "demolition", most operators and retail companies in Beijing newspapers don't understand is, they have not yet received any formal notice explains why the demolition of what.
Retail companies in Beijing newspapers said in an interview with the China economic weekly, split, Chaoyang District, the newsstand's behavior made him very puzzled, "as the newsstand owner, advance does not have greeted us just dismantled, nor any written notification, removal of news or the operators told us. We are very hard to understand and unacceptable. ”
On March 12, 2012 issued jointly by Beijing Municipal Sports Committee, postal service, and the implementation of the standard newsstand on setting up and managing views, postal enterprises is the kiosk building and management responsibilities. Postal enterprises at the time of construction and management of the newsstand, need to comply with the Beijing municipal public service facilities of the interim measures for the administration of urban roads and urban roads, the Beijing city public services sets the standard. These two documents made clear to the newsstand location and size requirements.
Zhao Yang Yifei lawyer law firm in Beijing, said according to the Beijing Municipal city appearance and environmental sanitation regulations, newspaper kiosks in front of the building need to apply to municipal administration, municipal management administration organize relevant departments to review the approval settings. Set up without approval or requirements that are not in accordance with the approved, consists of comprehensive urban management enforcement agencies ordered to demolish, demolition of overdue, upon approval by the municipal or district and county governments, were forcibly removed.
But Yang Yifei lawyers also pointed out that, even if comprehensive urban management enforcement agencies the right to conduct mandatory removal, while making decision on enforcement, also must be strictly in accordance with the People's Republic of China Law on administrative enforcement provisions of the law.
People's Republic of China administrative enforcement Act makes it clear that, before administrative agencies to enforce a decision, shall first urged the parties to meet their obligations. Shall be made in writing and receiving. After pressing, where a late to perform administrative decisions, without justifiable reason, the administrative organ may decide to enforce it. Enforcement of decisions should be made in writing. Meanwhile, the law also States that, the administrative organ shall not be enforced or statutory holidays during the night to implement administrative.
Yang Yifei lawyer says in its written notification, the executive authorities have a duty to clearly inform the relevant legal basis for enforcement decisions. "For example, the newsstand if there are irregularities or cases of illegal construction, notice should explain the specific violations of norms. Meanwhile, the executive authorities will also need to indicate their basis for law enforcement. ”
Related: kiosk demolitions continued in Beijing: authorities are statistical provision for loss on accountability
Retail companies in Beijing newspapers said that the demolished from the beginning till now, newspapers and retail companies have not received any documents informed the newspaper kiosks were removed or "shift change", demolished kiosks caused the loss of State assets will bring losses to the newsagent. At present, companies are trying to appease the emotions of operators, statistical operators for damage, and actively communicate with a lawyer, the study of responsibility according to law.
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