Opinion

Stop razing houses for commercial interest

(China Daily)
Updated: 2009-12-04 07:58

Tang Fuzhen set herself on fire on the roof of her house in a last-ditch attempt to save it from a government-backed demolition squad in Chongqing recently. To prevent such a tragedy, the Real Right Law should be strictly followed in private property demolition cases, says an article in Zhujiang Evening News. Excerpt:

A series of violent "eviction and demolition" incidents have taken place in Shanghai, Chongqing and Chengdu in recent times. And the outcome has been the same: Residents arrested for resisting demolitions and violating regulations, and local authorities fulfilling their goal.

The Real Right Law, promulgated in 2007 after eight deliberations, stipulates that land can be seized only for "public interest" and in accordance with "the authority and procedure prescribed by law".

It doesn't seem that the country's top legislature, the National People's Congress the (NPC), will draft a "Land Expropriation Law" or a "Demolition and Relocation Law" any time soon, even though the Administrative Regulations of Urban Housing Demolition and Relocation, formulated in 2001, contradicts the Real Right Law.

The compensation that owners of property, which is to be demolished, get is critical for them. But compensations are decided not according to the law, but the "administrative regulations". This puts administrative power above the law, violating the principle of the rule of law.

Demolition of houses and relocation of residents mean the State is withdrawing the land use rights, and should be carried out by a government department. Moreover, such government power should be exercised only for public good, not commercial interest.

It is time the NPC and its Standing Committee reviewed the administrative regulations to ensure that the Real Right Law enjoys absolute authority and ordinary people's rights are not infringed upon by local authorities and real estate developers.