Left image: There was a record after this mediation, and Qian XueMing carefully looked through it and wrote down three words "reasoning" under relevant content.
Top image: The place where Qian XueMing's house was forcibly demolished has now become the elevated road of Jianghai Road, a major traffic artery in Wuxi city. Reference image
In recent years, there have not been few cases where people's houses were forcibly demolished before the demolition agreement was negotiated. Such incidents are no longer considered news. However, recently Guangyi Street Office in Chong'an District of Wuxi City has taken the initiative to "correct mistakes", finding those who were forcibly demolished in the past, with government department staff initiating talks and apologizing voluntarily, providing economic compensation for those who were forcibly demolished. According to the street office, the compensation will be paid according to standards no lower than the highest standards at the time of demolition.
The practice of being forcibly demolished in the past and then receiving apologies and compensation now has sparked heated discussions in Wuxi and drawn high attention from legal professionals.
□ Fast News Reporter Jin Chen, Xue Cheng
Intern Xue Yuan / Text and Photo
Legal experts believe that apology should just be the first step in the government's correction process, and the responsibility for the forced demolition back then should still be pursued.
Four years ago, a group of strangers forcibly demolished his house.
"Is this Mr. Qian? I am from the street office. Would you have time to come over and discuss your house (demolition) issue?" Upon receiving this call, 60-year-old Qian XueMing was somewhat bewildered. Over the past four years, during Qian XueMing's process of seeking justice, he had always gone to district or street offices to seek redress himself; no department had ever taken the initiative to talk to him.
Four years ago, Qian XueMing's house located at No. 454, Jianghai Road, Chong'an District, was a two-story building. The ground floor was rented out, and the second floor was used for living. At that time, the area was involved in the construction of the elevated road of Jianghai Road in the city center, which required demolition. However, before any demolition agreement was signed, one day, suddenly more than a hundred people rushed to Qian XueMing's home. After his desperate pleas went unheeded, his two-story house was demolished, along with the disappearance of cherished photographs of his grandparents and father, as well as heirlooms passed down from previous generations.
This day was June 27, 2006. "At around 5 o'clock in the morning, many unidentified people without showing any credentials broke into our house, moved all our belongings outside, and forcibly evicted us," recalled Qian XueMing, whose left arm still felt pain from the beating on that day.
"At first, I thought they were robbers, but later realized they were here to demolish my house. I asked them to have their leader come out to negotiate, but they ignored me. So, I shouted against illegal demolition, and unexpectedly got myself into trouble." Recalling that moment, Qian XueMing said, "When I shouted loudly, suddenly five or six people rushed out, pulled me to a deserted place northwest of Youdu Village, beat me up and knocked me down, then dragged me to Xishan Sports Hotel, preventing me from leaving until around 6 p.m."
That day, Qian XueMing's left arm was broken into pieces, and his son was also beaten until bleeding profusely in the conflict. In the evening, when Qian XueMing returned home, he found that the original two-story building had become a pile of ruins. "At the time, my wife begged the demolition workers to leave some furniture behind, but they refused, forcing her to watch helplessly as all our belongings were taken away, filling three trucks. These included photos of my grandfather, grandmother, and father, as well as antiques, furniture, and clothes passed down from previous generations."
Qian XueMing said that on the night his house was forcibly demolished, he reported the incident to the Wuxi Public Security Bureau, but to no avail. "Until September 2007, no department was willing to take responsibility for demolishing my house, nor did any department come forward to resolve the issue," Qian XueMing said. In October 2007, Guangyi Street Office finally stepped forward to negotiate resolving the matter with him, but they could never reach an agreement. Thus, over these four years, he has continuously reported his situation to the street office and the district petition office, hoping for a fair resolution.
Qian XueMing said that the two-story building he owned was purchased in 1991 from Guangyi Township (the predecessor of Guangyi Street Office), which developed commercial storefronts. By the time of the demolition, he had lived there for 16 years. "The property certificate shows an area of about 190 square meters, with an additional 60 square meters built next to it," Qian XueMing recalled. At the time of the demolition, no one from the demolition company directly discussed the matter with him; only two villagers had approached him once. Without signing a demolition agreement or having any forced demolition ruling, his house was suddenly forcibly demolished. "I support national urban construction and haven't acted as a stubborn resident, yet I was forcibly demolished, and I can't understand why."
Four years later, Guangyi Street Office apologized to the "forced demolition" target.
At 9 a.m. on August 4, Qian XueMing came to Guangyi Street Office in Chong'an District of Wuxi as scheduled. In the street office's mediation room, the reporter listened to the mediation session alongside Qian XueMing without revealing his identity.
"When demolishing your house back then, due to incomplete legal procedures and documentation, the demolition company mistakenly demolished your house, which was wrong. We sincerely apologize." After understanding the situation, Zhou Jianguo, a senior official from Guangyi Street Office, made an unexpected apology that greatly surprised Qian XueMing, because in his memory, no government department staff had ever apologized to him during his quest for justice. During the two-hour conversation, Zhou Jianguo expressed apologies on behalf of the street office four times.
"The demolition back then was for road construction. Although problems occurred, you have always shown understanding, and we express our gratitude. Let's now discuss specific compensation issues." Mediator Zhou Jianguo's straightforwardness prompted Qian XueMing to openly state his demands.
"Superiors put pressure on grassroots work regarding the project (Jianghai Elevated Road), so they acted impulsively and handled things improperly. We can understand that. But after the problem occurred, everyone should reason. As long as there is reasoning, my problem could have been solved in ten minutes." For the belated apology, Qian XueMing felt that the street office taking the initiative to find him to resolve the forced demolition of his house gave him hope. Old Qian indicated that as long as he was given equivalent storefronts in the same area where his house was demolished, it would be sufficient.
Regarding the street office's proposal of monetary compensation, Qian XueMing stated that he still hoped for the resettlement of storefronts of the same area in similar locations. The mediator expressed willingness to negotiate. Regarding Qian XueMing's reflection that "during the forced demolition, his family's furniture, clothes, heirlooms, etc., were dragged away and lost forever, requiring return and compensation," the mediator also indicated that if corresponding names and quantities were provided, efforts would be made to resolve the issue.
After this mediation session ended, Qian XueMing had not yet signed the mediation record, but he carefully reviewed the printed mediation record multiple times. The record included phrases such as "the street office expressed its willingness to actively consider his request for physical resettlement and, even if physical resettlement was not possible, the monetary compensation standard would not be lower than the highest standard previously offered." Under these phrases, Old Qian neatly wrote down the three words "reasoning."
Extension
Why does "demolish first, negotiate later" occur?
After the reporter showed his credentials, mediator Zhou Jianguo accepted an interview with the Fast News reporter.
According to Zhou Jianguo, since 2003, Guangyi Street Office began large-scale demolition projects involving thousands of households. During the demolition process, the government encountered some difficulties. On one hand, some residents demanded excessively high compensation, while on the other hand, some key projects had tight timelines, leaving insufficient time to complete necessary procedures. Consequently, there were some instances of "demolish first, negotiate later."
"If the person to be demolished makes unreasonable demands, it's easy to apply for forced demolition. However, in the case of someone like Qian XueMing, the method of demolition back then was definitely inappropriate," explained Zhou Jianguo. At that time, among the dozen or so households needing demolition for the construction of the Jianghai Elevated Road, most had signed demolition agreements. Even those who hadn't signed agreements had at least signed "demolish first, negotiate later" written agreements. Only two households, including Qian XueMing's, were forcibly demolished without signing any agreements.
"These years, Qian XueMing has legally and reasonably reflected his situation to the government departments. We also feel that such matters should be resolved as soon as possible, so we proactively contacted him for negotiations." Zhou Jianguo introduced that since 2007, every Saturday morning, the main leaders of Guangyi Street Office talked heart-to-heart with the 20 households subject to forced demolition, helping them solve their problems. Now, the work of 15 demolition households has been completed. The next step is to ensure the implementation of compensation fees.
"For the 'nail households' that have already been forcibly demolished, persuade them to 'stop litigation and accept arbitration'; for those who breach contracts, persuade them to 'stop visiting and abide by contracts'; for frequent petitioners, persuade them to reflect reasonable demands through normal channels. For those who indeed need re-settlement and compensation, the compensation standards can refer to the settlement and compensation agreements of their neighbors, ensuring that the compensation standards are no less than the highest compensation standards at the time." Zhou Jianguo said that it's relatively easier to persuade those with compulsory demolition rulings or those who breached contracts, as facts are clear. As for cases like Qian XueMing's, although the 'forced demolition' back then wasn't implemented by the street office but directly operated by the demolition company, since the issue is now handled by the street office, they must seriously address it.
According to Zhou Jianguo, for cases like Qian XueMing's 'demolish first, negotiate later', since there were indeed mistakes in the methods used back then, it is appropriate for the street office to apologize, as these forcibly demolished individuals indeed suffered injustice. "For Qian XueMing's non-residential property, monetary compensation or physical resettlement can be provided, mainly depending on reaching a consensus between both parties." Zhou Jianguo said that for Qian XueMing's demolition area, the municipal government originally set the compensation rate at 4000 yuan per square meter, but to complete the demolition within the specified time, the street office increased the compensation standard to 7200 yuan per square meter, with the difference entirely subsidized by the street office. "It's been more than four years since Qian XueMing's house was demolished, so the compensation standard should appropriately increase within a reasonable range."
It is understood that starting from July this year, Guangyi Street Office has increased the frequency of negotiations with petitioners caused by demolition issues and has specifically established a coordination team. The focus of the work is on various contradictions and disputes arising from demolition. The negotiation targets are mainly "people who frequently visit the city or district petition offices, as well as those who have already been demolished but failed to reach an agreement." Before each negotiation, the coordination team sends written notices to the negotiation targets, keeping two copies as records. Negotiation venues can be set up in the meeting rooms of the negotiation targets' local community committees or at the street office, prioritizing convenience for the negotiation targets. The negotiation and mediation contents are recorded in writing and require signatures from the mediators and negotiation targets for confirmation.
Various Views
Is This Practice Difficult to Learn?
Regarding the practice of Guangyi Street Office in Wuxi, Professor Qiu Lufeng from Nanjing University Law School expressed that the government's ability to proactively apologize and provide compensation for past errors deserves affirmation. Of course, it would be best if the government avoided such situations of "making mistakes first, then correcting them, or forcibly demolishing first, then negotiating" right from the start of administrative processes, ensuring compensation and relocation before demolition. The government needs to further improve laws related to demolition. Housing is a fundamental issue concerning citizens' right to survival, and the government should ensure everyone has a place to live, which is the foundation of urban development and construction.
As for Qian XueMing's current experience, which can be described as "turning misfortune into blessing," some legal professionals believe that although the government has apologized and will pay slightly higher compensation standards than at the time of demolition to resolve the past forced demolition issue, the apology should merely be the first step in the government's correction process. The government should actively investigate why Qian XueMing's family was subjected to violence, house demolition, and moving without signing agreements or obtaining forced demolition permits, giving the public an explanation. Material compensation is just one aspect; there are more important steps to follow.
Additionally, Guangyi Street Office's approach has raised doubts from other similar-level government departments. A responsible person from another street office in Wuxi's urban area stated that Guangyi Street Office's practice is based on a strong economic foundation, and not every street office has such economic strength to emulate and allocate sufficient funds for high compensation to those who were forcibly demolished. In this responsible person's view, during the demolition process, what worries people most is not dissatisfaction with compensation prices ("lack"), but rather inequality ("inequity"). "During the demolition process, inevitably some people use non-normal means or seek power to obtain higher compensation standards than the norm. Once such 'privileged households' appear, it won't be long before everyone knows, and those without background or unable to find 'privileged' support will become 'nail households,' making it difficult for the demolition work to continue." Whether Guangyi Street Office's approach is an individual case or has broader applicability remains to be tested in future practice. It is too early to evaluate this approach now.