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published in(发表于) 2016/5/10 5:12:37
Jade village housing in Hainan in farmland, demolished without Chengguan beating people

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Jade village house-building in the fields of Hainan demolitions without Chengguan beating people
# Method late depth rates # (manuscript and manpower Zhu Shunzhong reporter Zhang Enjie reported) recently,, Hainan Province, Haikou xiuying district, municipal City Board Director, and "Haikou 4.30" split against command spokesman Dai Hongze, on April 30 occurred in long flow town Joan Hua Cun forced demolition illegal building site, has was split households violence anti-method and the Defense players beat masses of illegal event to media public informed: in recent years the village villagers built of residential floor by occupied to for village planning red zhiwai of farmland woodland, belongs to illegal building, In accordance with the relevant regulations must be dismantled. Eviction process, has been removed from the City threw stones at law enforcement officers and threw gasoline bottles, but no officers beat the crowd's behavior.

Talk about illegal construction: on farmland outside the red line as unauthorised property map without land is invalid


According to Dai Hongze introduced in 2013 and land sector of aerial maps and is confirmed: Jade village between 2010-2012, successively in the village farms in woodland outside the planned red line construction, which seriously violated the land law and the People's Republic of China regulations such as town and country planning act. "According to regulations, two red lines belong within the scope of construction land in the village, villagers can be assigned according to the village of Homestead building living houses, but farm woodlands outside the red line must retain its original purpose, no person shall in any way beyond the red line, destruction and trampled on. ”


By late journalist (app ID:fzwb_52165216) was informed that Dai Hongze says this red line is also an established jade village built by the Housing Authority for building standard and basis. Especially in Government built long pathway Shi, jade villagers in red zhiwai rush has a illegal building, was Chengguan sector forced demolition Hou; repair fast road Shi, and has a illegal building to built up Shi, was Chengguan stop; similar against built behavior, 2013 Chengguan sector demolition 35 cases, 18,000 square meters; 2014 through troubleshooting found, and has new of illegal project in development added built, Chengguan sector timely intervention, perfect legal program, determine against built 91 cases, give combat disposal ; Urban Management Department of the year rush high school and found that the illegal construction, then once again to improve the legal procedures, identifying unauthorised item 104, approximately an area of 48 acres. Above, the law enforcement departments strictly in accordance with the law, to be taken notice, detailed explanation of policies and regulations, removal of the illegal building; do not scatter, refused to sign the notice, independent-minded illegally built residences before they had to force the Japanese pulled.


For Jade villagers by provides of cases map, to this proved as Homestead of proved this a situation, Dai Hongze is clear said, cases map is land sector for land of early measurement and the satellite airlines took, and stamped seal to ensure cases map real legal effective; but jade villagers provides of cases map is no land sector of seal, and cases map also just showed that measurement of process, not representative eventually land has right results, cannot proved villagers for land of legal made.


Dai Hongze emphasized the legitimate land warrants, or there are legitimate sources, land prove eligibility report, like Joan Hua Cun village planning of these illegal buildings in addition to taking up farmland forest, does not have the basic conditions of construction in accordance with law.


Other villagers of village land to sell work in Haikou, the outsiders, living in this building, Dai Hongze said related departments are making further investigations to verify, and will inform the community survey results.


On the Japanese pulled: injured was beaten by active treatment officers not involved in the


For network biography of April 30 of Joan Hua Cun forced split against site, has dressed in uniforms of Chengguan law enforcement personnel participation to beat masses of queue among, Dai Hongze response said: forced demolition Qian, is defense players pulled have cordon, and maintenance site order; strong split process in the, has was split households to Chengguan law enforcement personnel threw stones, threw gasoline bottle and the discharge fireworks, explosion real, but not has evidence displayed has Chengguan personnel beat masses of behavior occurred.


For inspection by defense team was beaten in injury people, Dai Hongze said after the incident, the Japanese pulled command immediately set up a working group to coordinate hospital is the best medical technology, the most comprehensive treatment to the wounded and injuries they are recovering.


By late journalist (app ID:fzwb_52165216) was informed that Dai Hongze stressed that wounded a 13 year old boy from the crowd, he is currently receiving treatment in the hospital, and are in charge of education, Deputy Head of condolences in person, to arrange for him to make up classes to prepare.


Dai Hongze said the third day of the incident, all law enforcement units across the area for law enforcement focused efforts, for a period of one month, giving top priority to reflect.


"Through this event, our discipline and action programmes on how to regulate; personal qualities and legal business on how to increase and so on, which need thought. In particular the strengthening of education in the course of law enforcement in the future, how to do more detailed, again beating the crowd is strictly prohibited, and damage the Government's image. "Dai Hongze stressed.


Villagers concerned about "do you want to continue without compensation after the unauthorized building demolition and removal", Dai Hongze responded that the area had been suspended for demolition decisions sent into villages to verify the registration of the Working Group, according to the actual situation and then make a decision;


Dai Hongze and finally said, "are two concepts split endearingly demolition, must not be confused as a pool, more unauthorized building demolition the demolition cannot be handled. After the demolition of illegal buildings, will reinstate and continue to do farm uses of forest land. ”


Haikou gang fights


(Editors: Pan Yi burn UN657)
2016-05-10 16:33:39
Legal evening news
海南琼华村民房建在农田 强拆时未有城管殴打群众
#法晚深度即时#(稿件统筹 朱顺忠 记者 张恩杰报道)日前,海南省海口市秀英区市政市容委主任、“海口4.30”拆违指挥部新闻发言人戴洪泽,就4月30日发生在长流镇琼华村强制拆除违章建筑现场,有被拆户暴力抗法及联防队员殴打群众的违法事件向媒体公开通报:近几年该村村民修建的住宅楼所占用地为村庄规划红线之外的农田林地,属于违章建筑,按照相关法规必须拆除。强拆过程中,有被拆户向城管执法人员投掷石块,扔汽油瓶,但未有城管人员殴打群众的行为发生。

  谈违建:红线之外农田上违建 宗地图未加盖国土公章无效


  据戴洪泽介绍,2013年通过国土部门航拍的地图发现与证实:琼华村村民于2010年——2012年间,先后在村庄规划红线之外的农田林地上修建房屋,这严重违背了《土地法》及《中华人民共和国城乡规划法》等法规。“按照规定,村庄二道红线之内属于建设用地范围,村民可以根据村委会分配的宅基地修建生活房屋;但是红线之外的农田林地必须保持其原有用途,任何人不得以任何方式逾越这条红线,进行破坏与践踏。”


  法晚记者(微信公号ID:fzwb_52165216)获悉,戴洪泽称,这条红线也成为确定琼华村民所建房屋为违章建筑的依据和标准。特别是在政府修建长通路时,琼华村民在红线之外抢建了一批违章建筑,被城管部门强制拆除后;修快速干道时,又有一批违章建筑要建起来时,被城管制止;类似违建行为,2013年城管部门拆除35宗,1.8万平方米;2014年通过排查发现,又有新的违章项目在开发加建,城管部门及时介入,完善法律程序,确定违建91宗,给予打击处置;今年城管部门又发现该村有抢建违章建筑行为,于是再一次完善法律程序,确定违建项目104宗,大约占地48亩。以上行为,执法部门都严格依法办事,在向被拆户送达通知书,详细解释政策法规,让其自行拆除违章建筑;对于不听劝阻,拒签通知书、一意孤行的违建户,才不得不强制拆违。


  对于琼华村民所提供的宗地图,以此证明作为宅基地的证明这一情况,戴洪泽则明确表示,宗地图是国土部门对于土地的前期测量及卫星航拍,并加盖公章来确保宗地图真实合法有效;但琼华村民提供的宗地图却没有国土部门的公章,况且宗地图也只是表明测量的过程,不代表最终土地拥有权结果,不能证明村民对于土地的合法取得。


  戴洪泽强调有合法的宅基地确权证,或者有合法的土地取得来源证明才有资格报建,像琼华村的这些违章建筑都在村庄规划之外,占用了农田林地,根本不具备依法报建的基本条件。


  另就村民反映的村委会将土地卖给在海口打工的外地人,在此建房居住生活的情况,戴洪泽表示相关部门正在进一步调查核实,届时将向社会通报调查结果。


  论拆违: 受伤群众被积极救治 城管人员未参与殴打


  对于网传的4月30日的琼华村强制拆违现场,有身着制服的城管执法人员参与到殴打群众的队列当中,戴洪泽回应称:强制拆除前,是联防队员拉得警戒线,并维护现场秩序;强拆过程中,有被拆户向城管执法人员投掷石块,扔汽油瓶及燃放烟花等爆炸物,但未有证据显示有城管人员殴打群众的行为发生。


  对于被联防队员在巡查过程中被殴打致伤的群众,戴洪泽称,事发后,拆违指挥部立即成立一个工作组,协调医院最好的医技力量,对伤者展开最全面的救治,目前他们的伤情都在康复之中。


  法晚记者(微信公号ID:fzwb_52165216)获悉,戴洪泽强调,被打伤的群众中有一位13岁的小男孩,目前他也在医院积极接受治疗,并有分管教育的副区长亲自慰问,安排学校为他做好补课准备。


  戴洪泽称,事发第三天,全区范围内所有执法性质的单位全面进行执法行为集中大整顿活动,为期一个月时间,举一反三,认真反思。


  “通过这个事件,我们如何在纪律及行动方案上如何来规范;个人素质及法律业务上如何来增强等等,这些都需要深思。特别是加强教育执法队伍在今后的执法过程中,工作如何做得更为细致,严禁再次出现殴打群众,损害政府形象的行为发生。”戴洪泽强调。


  就村民关心的“是否继续拆违及拆除后有无补偿问题”,戴洪泽回应称,区政府已暂缓拆除决定,派工作组进村入户核实登记,根据实际情况再做决定;


  戴洪泽最后表示:“拆违和拆迁是两个概念,不能混淆一滩,更不能将拆违当做拆迁来处理。拆除违章建筑后的土地将恢复原状,继续做农田林地用途。”


  海口 群殴


(责任编辑:潘奕燃 UN657)
2016-05-10 16:33:39
法制晚报




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