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published in(发表于) 2016/5/13 6:49:51
Zhengzhou Street killing 3 people were killed, the police said prosecutors would investigate

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Zhengzhou Street killing 3 people killed police said prosecutors would investigate | remove | | police killed _ news

Legal evening news (reporters Wen Rujun) the afternoon of May 10, huiji district, Zhengzhou city, Henan province, Lao ya Chen Xue village, subdistrict office due to demolition event caused the villagers to Fan Huapei knife-wielding assailant, three deaths and one injury.


After the incident, the Zhengzhou police have issued calls to halt during the attack, the police fired a warning shot to Fan Hua killed.


Law later learned from Fan Huapei relatives, after the incident, villagers continue to donate, there are also many field and contributions came from other provinces. Many people have put money directly into the donation box on the left, and are reluctant to leave a name and value.


Subsequently, the on-line news said police fired accidentally when one person.


In this regard, the Zhengzhou Public Security Bureau publicity Office staff by late reporters said in a telephone interview, the message to the Internet rumors, "about the shooting, the prosecution also will be involved in the investigation. ”


Xue Gang most villagers moved out


The morning of May 12, law reporter went to the site later Lao ya Chen Xue village, subdistrict offices, huiji district, Zhengzhou city, the road to the village is guarded by security personnel, middle of the road vertically wrote a "demolition and construction vehicles allowed to enter" word of warning signs, sign the following single line in small print, "Xue village village demolition command."


Guarded by security men later told law reporter, are being removed in the village, where they are responsible for guarding the intersection for nearly half a month, the main job is to maintain order, foreign vehicles is strictly prohibited from entering. Under normal circumstances, the village street and moved the traffic can go, others will not be allowed to enter the village.


At the scene, law late reporters saw. People can walk freely, many people from the place or near a footpath from the village.


By late reporters after entering the village, see threw the trunk roads on both sides of the village are garbage, and residents of the building doors and Windows have been removed, the first floor front room is empty, throw some room is full of junk, some room pasted with "money on selling" red paper.


In these had moved villagers on the wall of the House, reporters saw every method late a distance against removal notice or notice of demolition.


A signed April 14 sit village party branch and village Committee announcement, "on April 15 at 0 o'clock until May 4 at 24 o'clock for the demolition of the first phase, all the incentives and preferential policies will be reflected at this stage, while Wei Hui for moving free moving at this stage, expired no longer provide free moving services. ”


As of today, from the demolition phase period over the past eight days, sit as a whole village had become an empty village. Almost all the villagers had moved away from the village, and only a small part of the village for various reasons have not moved out, Fan Huapei of killings, is not moving away from the villagers.


Knife attacks after four people were killed


Law Reporter late in the interview that, Fan Huapei does not move out after the demolition phase period arrived, most major problems and the Government's compensation had not been negotiated.


36 year old Fan Huapei, ancestors had been living in the village sit. Five people in the House, other than my parents, and a 7-year old daughter.


Law reporters learned late, Fan Hua building borrows more than 700,000 last year, in their homestead was built on 7 floors, each floor area of nearly 180 square meters and plans to build after the rental. However, he did not think, the House received a demolition notice is first built.


Fan Hua Uncle introduced Fan Huapei compensation can get 500,000 yuan, but he also spent 700,000 yuan and 200,000, is not a small burden on their home, his father was in hospital of a heart attack and spent tens of thousands of Yuan, "day added fuel to hard. ”


The afternoon of May 10, Fan Hua out of blackout comes home to find home, excited, then he took the knife out of the door. Public reports indicate that he saw the side hook machine being repaired, thought it was a hook driver broke his family's power, in the process of with disputed, carries knives stabbed a hook driver.


Then he rushed to the Lao ya Chen subdistrict offices, met an acquaintance in the Office, but then came when two people are talking to the Office of the Deputy Director, demolition, Deputy Director Chen Shan.


Chen Shan is he negotiating the relocation occurs during a verbal dispute, Fan Huapei pulls out a knife to Chen Shan, Chen Shan are five knives and killed. Then Fan Huapei drove home, Wen Zhi of the met at his doorstep recycling air conditioning both father and son.


He thought Wen Zhi father and son have come to reclaim their home air conditioning, showed Wen Zhi father and son have left, Wen Zhi and his son and he had a falling out, Fan Huapei took out a knife to the two men.


Around 5 o'clock in the afternoon, Fan Huapei made a circle of friends, "people have been killed, not to save again. I cannot live. ”


  Witnesses said Fan Huapei shot multiple times


According to the Zhengzhou Public Security Bureau informed in combat during the attack, Fan Hua shouting threats and driving collision, police police fired a warning shot and killed.


After the shot, Fan Huapei bodies being taken away. Several witnesses said Fan Huapei was shot several times.


Law later reporter seen in a public video, before police killed Fan Huapei, their families and villagers showered the police favor, asked police not to shoot, they surrendered to the police to persuade Fan Huapei, pleading but failed, followed by several gunshots, Fan Huapei collapsed in the door of the car.


One villager told the village by the late journalist, before police killed Fan Huapei, he has been surrounded by cannot hurt others, and knowing he killed a man, can no longer live.


Before police opened fire, he had put a knife to his neck ready to commit suicide, before committing suicide, the gun rang.


 Strangers arrived lingqian contributions


The morning of 12th reporter Fan Huapei see law night, built a room away from a simple Hall, in black and white there is a couplet at the door. Next to a paper box is on the table, there is also a book says different donor name and amount.


In front of the Hall, Fan Huapei's cousin told reporters with a heavy heart, do not want to say anything now, has God done things slowly to an interview.


The villagers responsible for recording contributions, from yesterday to today, villagers continue to donate, there are also many field and contributions came from other provinces. Many people have put money directly into the donation box on the left, and are reluctant to leave a name and value, only a small number of people, he was persuaded to leave name and donation amount. Law Reporter late in the book see records of contributions, at least 50 Yuan, 500 Yuan.


A man surnamed Li who came from nearby villages turned away after donated 300 yuan and law reporter go ask later. He pushed the car battery, said: "I saw the reports only after know this, our village will soon torn down. I can understand the feelings to be demolished, who are reluctant to see such a thing happen, but since it happened, and only then donate some money to express affection. ”


Xue village one Fan Hua friend Mr MA later told law reporter, "he did so, is also being forced couldn't. Now this one, we felt very sad, so we have voluntary contributions to his house, people are gone, but we still want to express. ”


 Police said the prosecution would be involved


Law reporter was informed by the Fan Huapei relatives late yesterday afternoon, the local Government informed the they removed the Hall, not mourning activities. Since then, the security personnel to Fan Huapei road to alert at home. Some mass to mourn the contributions were stopped in the outside, can't get near the Hall. In addition, the reporter also learned that after the incident, Mr village demolition work has been suspended.


After the incident, online news said: "the media distorted the facts, police without any warning shots, direct shot to the door, fan for fear they will hide in the car, the police continued to shoot, according to the windscreen even two shots. Fan open door to go out and run into the aisle. In the process of killing, police fired fire master one dismantle air conditioners, two shots kill fan. Fan two people hacked to death, police fire a person, killing one person. Fact is that fan killed two people, the police shot and killed two people, a total of four people. ”


At this point, law reporter late this morning, getting in touch with a staff member surnamed Zhang Hui Ji district propaganda Department, the other said: "therefore belongs to the criminal case, currently is under investigation by the police, police investigation of all results shall prevail. ”


Zhengzhou Public Security Bureau publicity Office staff on the law later said: "don't believe the rumors on the Web, online messages are non-formal channels. Everything is subject to our first release of information because they are objective and fair we have evidence, about the shooting, the prosecution also will be involved in the investigation. ”


This version of the article (apart from the sign outside)/reporter Li Mingde


  Experts need to pay more attention to the dismantled rights protection


Former President of the Supreme People's Court of the Administrative Tribunal Zhao Daguang said, the State-owned housing on land expropriation and Compensation Ordinance issued is very important, it's specification for the formulation and implementation of comprehensive land expropriation, housing demolition activity and behavior, its introduction and implementation of more attention and respect for the legal safeguards and remedies to be demolished, also clarified the purpose and nature of the compensation.


Zhao Daguang recommends that compensation should be an assessment of the implementation of the Ordinance, playing the remedy of judicial review and oversight function.


Reasons why there were so many nail problems and forced evictions? Held in Peking University earlier this year of a "houses on State-owned land expropriation and Compensation Ordinance to implement the five-year anniversary of meeting", the former State Bureau of land management planning Division Deputy Director, Mr Zheng Zhenyuan, mainly because of the compensation scheme is not well determined, of course, this omission to the Ordinance itself on the one hand, er is ignoring the law, lax law enforcement resulting in forced evictions. Further from these two aspects to the Symposium on the reform of the regulations proposed in the future.


Wu Shaobo, Director of Beijing Wu Shaobo law firm has a demolition agent in Zhengzhou, in his view, the Fan Huapei actions is a kind of "aggressive" behavior, but "extreme" acts have a lot behind the Government and the community to reflect on the place.


"Henan Zhengzhou demolition does more, I had a proxy-related cases, oral communication, a mere agreement demolition, but also often hold legal boxes, it will cause some resistance from villagers. "Wu Shaobo told the legal evening news reporter.


After 2011, the promulgation of the State-owned land compensation Ordinance requires compensation at market prices.


Now all compensation in accordance with market prices? Wu Shaobo said, "as far as I know, a lot of places talk about compensation without reference to the State-owned land compensation Ordinance, and even architecture for differentiated treatment of villagers, such as building age, 80, 90 built as compensation is not built, will be placed according to every population. ”


Wu Shaobo said from the Government's perspective, the administration according to law must, as the subject of an act of demolition and relocation, first of all, to have a reasonable basis to the demolition, without these basis, to promote the removal is difficult.


"If the Government Administration according to law, compensation prescribed by law for people's assessment within the price range of the market, I believe, may not have such extreme behavior. "Wu Shaobo said. Text/reporter Wen Rujun



Responsible editor: Zheng Hanxing





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Legal evening news
郑州拆迁户杀3人被击毙 警察称检察机关将调查|拆迁|警察|击毙_新闻资讯

  法制晚报讯(记者 温如军)5月10日下午,河南省郑州市惠济区老鸦陈街道办事处薛岗村,因拆迁事件引发该村村民范华培持刀行凶,致三死一伤。


  事发后,郑州警方发布通告称,制止行凶过程中,民警鸣枪警告无效,开枪将范华培击毙。


  法晚记者从范华培亲属处了解到,事发后,有村民自发陆续来捐款,还有不少外地和外省的人跑来捐款。很多人都是把钱直接投到捐款箱里就走了,并不愿留下名字和具体金额。


  随后,网上传出消息称,警方在开枪时误伤一人。


  对此,郑州市公安局宣传处工作人员在接受法晚记者电话采访时称,该消息为网上谣言,“对于开枪一事,检察机关也会介入调查。”


  薛岗村村民大部分搬离


  5月12日上午,法晚记者来到事发地郑州市惠济区老鸦陈街道办事处薛岗村,通往村口的道路被安保人员把守着,路中间竖着一个写有“拆迁施工,车辆禁止通行”字样的警示牌,牌子下面写着一行小字,“薛岗村城中村拆迁指挥部”。


  把守的安保人员告诉法晚记者,村里正在拆迁,他们在这里负责把守路口近半个月了,主要工作是维护秩序,外来车辆严禁进入。一般情况下,村里拆迁户和搬家的车辆可以通行,其他的一律不允许进入该村。


  在现场,法晚记者看到。步行的人可以自由出入,不少人从该处或附近一条小路来往于村子里。


  法晚记者进入该村后,看到村庄主干道路两旁扔的都是生活垃圾,林立的居民楼房门窗均已卸掉,一楼门面房也空荡荡的,一些房内扔的全是垃圾,有些屋子里还贴着写有“给钱就卖”字样的红纸。


  在这些已搬迁的村民房子墙面上,法晚记者看到每隔一段距离就贴着拆迁通知或拆迁公告。


  其中一份4月14日的落款为薛岗村党支部和村民委员会的公告显示,“今年4月15日零时至5月4日24时为拆迁第一阶段,所有奖励和优惠政策都将在这个阶段体现,同时在这个阶段村委会为搬迁者免费搬家,过期不再提供免费搬家服务。”


  截至今日,距拆迁第一阶段期限过去八天,整个薛岗村已成了空荡村。几乎所有村民都已搬离村子,仅有很少一部分村民因各种原因还未搬离,发生杀人事件的范华培,就是一直未搬离的村民。


  持刀袭击四人后被击毙


  法晚记者在采访中了解到,范华培家之所以在拆迁第一阶段期限到达后不搬离,最主要问题是和政府的拆迁赔偿一直没谈成。


  今年36岁的范华培,祖辈一直生活在薛岗村。家中五口人,除父母外,还有一个7岁的女儿。


  法晚记者了解到,去年范华培借债70多万,在自家宅基地上修建了7层楼房,每层面积接近180平方米,打算建好后出租。然而他没想到,房子刚建好就接到了拆迁通知。


  范华培表叔介绍,范华培家拆迁补偿可拿到50万元,但这距他花费的70万元还差20万,对他们家来说是笔不小的负担,他父亲因此事心脏病发作住院,又花费了几万元,“日子火上加油,很难熬。”


  5月10日下午,范华培外出回家发现家里停电停水,情绪激动,随后他拿着刀出了门。公开报道显示,他看到路边正在维修的钩机,以为是钩机司机断了他家的电,在与其争执过程中,用随身携带的刀捅伤了钩机司机。


  随后他又赶到老鸦陈街道办事处,在办事处遇到一熟人,两人正在说话时又碰到了该办事处常务副主任、拆迁办副主任陈山。


  他在跟陈山交涉拆迁一事过程中发生言语争执,范华培掏出刀捅向陈山,致使陈山身中五刀身亡。然后范华培开车回到家中,遇到在他家门口回收空调的文志父子两人。


  他以为文志父子两人是来回收他们家空调,撵文志父子两人离开,文志父子和他发生争吵,范华培拿出刀捅向两人。


  当天下午5点左右,范华培发了一条朋友圈,“人已杀,不要再救。我已活不了。”


  目击者称范华培身中数枪


  根据郑州市公安局的通报,在制止行凶过程中,范华培叫嚣威胁并开车冲撞,出警民警鸣枪警告无效,开枪将其击毙。


  中枪身亡后,范华培的尸体被带走。多名目击者称,范华培身中数枪。


  法晚记者在一段公开的视频中看到,警方在击毙范华培之前,其家人和村民纷纷向警方求情,请求警察不要开枪,他们去劝说范华培向警方投降,但求情未果,紧接着多声枪声响起,范华培倒在了家门口附近的车旁。


  该村一位村民告诉法晚记者,警方在击毙范华培之前,他已被包围,不可能再伤害到其他人,并且他清楚自己杀了人,不能再活。


  警察开枪前,他已把刀架在自己脖子上准备自杀,还没来得及自杀,枪就响了。


  有陌生人赶到灵前捐款


  12日上午,法晚记者在范华培家看到,临街的一间屋子里搭建了一个简易灵堂,门口白纸黑字写着一幅挽联。旁边一个桌子上放着纸质捐款箱,还有一个本子上面写着不同捐款人名字和金额。


  在灵堂前,范华培的堂哥心情沉痛地对记者表示,现在什么都不想说,等缓缓神处理完事情了才能接受采访。


  负责记录捐款的村民介绍,从昨天到现在,村民自发陆续来捐款,还有不少外地和外省的人跑来捐款。很多人都是把钱直接投到捐款箱里就走了,并不愿留下名字和具体金额,仅有一小部分人,在他劝说下才留下名字和捐款金额。法晚记者在记录捐款的本子上看到,最少的有50元,多的则有500元。


  一位从附近村子赶来的李姓男子捐了300元后转身就走,法晚记者追上去询问。他推着电瓶车说:“我是看到报道后才知道这事,我们村子也快拆迁了。我能理解被拆迁的心情,谁都不愿意看到这样的事情发生,但是既然发生了,也只有这样捐点钱表达一下心意。”


  薛岗村一位和范华培要好的朋友马先生告诉法晚记者,“他之所以这样做,也是被逼的没办法。现在这事一出,我们心里很难过,所以大家纷纷自发到他家捐款,人虽然没了,但心情我们还是要表达的。”


  警方称检察机关将介入


  法晚记者从范华培亲属处获悉,昨天下午,当地政府通知他们把灵堂撤掉,不让进行吊唁活动。此后,安保人员把去往范华培家中的路给警戒起来。一些前往吊唁捐款的群众被拦在外面,无法靠近灵堂。此外,记者还了解到,事件发生后,薛岗村拆迁工作已暂停。


  事件发生后,网上传出消息称:“媒体扭曲事实,民警就没有鸣枪警告,直接开枪打车门,范某因害怕躲进车里,民警继续开枪,照着前挡风玻璃连开两枪。范某开车门出去,跑入过道。在击毙过程中,特警开枪误伤一名拆装空调师傅,又开两枪击毙范某。其实范某砍死两人,民警误伤一人,击毙一人。事实就是范某杀俩人,民警开枪击毙两人,共四人。”


  针对此事,法晚记者今日上午与惠济区宣传部一张姓工作人员取得联系,对方称:“因此事属于刑事案件,目前警方正在调查中,所有结果得以警方的调查为准。”


  郑州市公安局宣传处一工作人员对法晚记者表示:“不要相信网上的谣言,网上的都是非正规渠道消息。一切以我们警方首次发布的消息为准,因为我们这些都是客观公正有证据的,对于开枪一事,检察机关也会介入调查。”


  本版文(除署名外)/记者 李明德


  专家说法 需更重视被拆迁人权益保障


  原最高人民法院行政庭庭长赵大光指出,《国有土地上房屋征收与补偿条例》出台具有重要意义,它的制定实施全面规范了土地征用、房屋拆迁的活动和行为,其出台和实施更加重视和尊重被拆迁人合法权益的保障与救济,也明确了征收补偿的目的和性质。


  赵大光建议,应当对征收补偿条例的实施进行评估,发挥司法审查的救济和监督功能。


  为何造成那么多的钉子户和强征强拆问题?在今年年初北京大学召开的一场“《国有土地上房屋征收与补偿条例》实施五周年座谈会”上,原国家土地管理局规划司副司长郑振源先生提出,主要是因为补偿方案不能很好确定,当然这一方面是《条例》本身的疏漏,二则是有法不依、执法不严造成强征强拆。座谈会上进一步从这两个方面对《条例》提出未来改革的意见。


  北京吴少博律师事务所主任吴少博曾代理过郑州的某拆迁案,他认为,范华培的行为毫无疑问是一种“过激”行为,但“过激”行为的背后有很多值得政府和社会各界反思的地方。


  “河南郑州拆迁事故确实比较多,我也代理过相关的案件,多是口头传达,仅仅是一种协议拆迁,但还经常拿着法律来框,就会引起一些村民的反抗情绪。”吴少博告诉《法制晚报》记者。


  2011年以后,《国有土地征补条例》出台,要求按照市场价进行评估补偿。


  现在是不是都按照市场价进行评估补偿?吴少博表示,“据我所了解,很多地方在谈补偿的时候基本都不参考《国有土地征补条例》,甚至对村民的一些建筑进行区别化的对待,比如建筑的年代,80年代建的、90年代建的补偿不一样,还会根据每一家的人口多少进行安置。”


  吴少博表示,从政府的角度讲,必须依法行政,作为一个拆迁的行为和拆迁的主体,首先要有合理合法的依据去拆迁,如果没有这些依据,想推动拆迁是很难的。


  “如果政府依法行政,对老百姓的补偿也在法律规定的市场评估价范围之内,我相信也许不会产生这么过激的行为。”吴少博说。文/记者 温如军



责任编辑:郑汉星





文章关键词:
拆迁 警察 击毙

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