Beijing Wuliuxing Qing Ecological Planting Garden Co., Ltd. (hereinafter referred to as Wuliuxing Qing Company) illegally constructed a仿ancient three-sided courtyard villa called "Shui An Jiang Nan" after improperly loading in Suocao Village, Yangsong Town, Huairou District. In 2012, the most powerful novel website Han Study Room www.han Han Study Room Novel Network www.hanshufang.com has more chapters updated faster. Regarding this incident of illegal construction of small property right villas, the local land and resources department turned a blind eye for many years until it was personally inquired by central leadership and supervised by the Ministry of Land and Resources, science fiction novels, before demolition of the illegal construction began.
Yesterday, it was reported that Cao Jianming, the former head of the law enforcement inspection team of the Huairou Branch of the Beijing Municipal Land and Resources Bureau, was sentenced to six months of criminal detention with a six-month reprieve by the Huairou Court for dereliction of duty. This is the first case in the city where criminal responsibility was pursued against land and resources department officials for failing to effectively investigate and deal with small property rights housing. The president of Wuliuxing Qing Company and his ex-wife, as well as two village cadres from Suocao Village, were also sentenced by the court for the crime of illegally transferring and selling land use rights.
Leadership Directive for Forced Demolition of Illegal Villas
The first phase of "Shui An Jiang Nan" built a total of 49 three-sided courtyards; the second phase built a total of 32 three-sided courtyards; the third phase was plots of land, customers could lease them and use them on their own, there were a total of 67 blocks.
Staff members of the town and village management office of Yangsong Town, Huairou District confirmed that in 2005, they discovered illegal construction at "Shui An Jiang Nan". The town and village management office issued multiple "停工 notices", and submitted written reports to the district Land and Resources Bureau. In April 2007, the site stopped construction, but resumed construction at the end of 2008.
In August 2009, the Huairou Branch of the Beijing Municipal Land and Resources Bureau issued a document stating that the illegal buildings at "Shui An Jiang Nan" would be demolished, and fined over 1.76 million yuan at a rate of 30 yuan per square meter. Due to repeated inability to contact Wang Xiaochen, the legal representative of Wuliuxing Qing Company, the punishment was repeatedly delayed.
On May 4, 2010, the illegal construction at "Shui An Jiang Nan" was listed for supervision by the Ministry of Land and Resources. On May 20, 2010, Wang Ling, deputy director of the law enforcement inspection bureau of the Ministry of Land and Resources, accompanied by Li Rihong, deputy captain of the law enforcement team of the Beijing Municipal Land and Resources Bureau and Zhou Xiangmin, director of the Huairou Land and Resources Branch, went to Yangsong Town to understand the situation. It was reported that central leadership had made comments regarding the illegal projects in Yangsong Town.
On May 31, 2010, the buildings that should have been demolished at "Shui An Jiang Nan" were finally forcibly demolished, but large areas of land had already been severely damaged. According to the appraisal conclusion of the Beijing Municipal Land and Resources Bureau, the total area of illegal construction and blank plots was 172.58 mu. Of the involved land, 74.25 mu of non-agricultural construction land had been severely damaged and could not be restored to its original topography; the area of blank plots was 98.33 mu, which had not undergone non-agricultural construction and basically maintained its original topography.
Law Enforcement Supervision Team Leader Involved and Fell
After the forced demolition, the Ministry of Land and Resources required that relevant personnel must be held accountable. Cao Jianming, a cadre at the section level of the Huairou Branch of the Beijing Municipal Land and Resources Bureau, was pushed to the forefront of this matter.
Cao Jianming, aged 50, with a bachelor's degree, transferred from the army to work at the Huairou Branch of the Beijing Municipal Land and Resources Bureau in 1997. From September 2006 to March 2009, he served as the deputy captain (in charge of work) of the law enforcement inspection team of the Huairou Branch of the Beijing Municipal Land and Resources Bureau, and from March 2009 to January 2010, he served as the captain of the law enforcement inspection team of the Huairou Branch of the Beijing Municipal Land and Resources Bureau.
On November 29 last year, Cao Jianming was prosecuted for suspected dereliction of duty.
The indictment showed that between March 2007 and August 2009, while serving as the deputy captain and captain of the law enforcement inspection team of the Huairou Branch of the Beijing Municipal Land and Resources Bureau, Cao Jianming did not properly perform his duties during the investigation of land violations by Wuliuxing Qing Company in Suocao Village, Yangsong Town, Huairou District. He did not sign off on the "Notice of Limited Order to Rectify Land Violations" and other legal documents reported by law enforcement officers, and requested that law enforcement officers temporarily withhold issuing administrative penalties and related legal documents for this project, resulting in the inability to promptly and effectively stop this illegal residential project through administrative penalties, leading to the continued expansion of this land violation.
Claimed Misinterpretation of Leadership Intentions
Cao Jianming's defense lawyer Cao Naichun believed that Cao Jianming was wronged, originally planning to defend Cao Jianming for innocence, but Cao Jianming insisted on pleading guilty, so he could only respect Cao Jianming's opinion.
Cao Jianming once confessed that in March 2007, the law enforcement team where he worked initiated an investigation into "Shui An Jiang Nan", but formal administrative penalties for this case were not carried out until August 25, 2010.
Cao Jianming said that there were certain objective reasons for this, but he admitted that as a state official responsible for investigating land violations, he did not fully comply with the regulations stipulated by laws and regulations, knowing that he might constitute dereliction of duty.
Regarding "certain objective reasons," Cao Jianming explained that in early 2007, the law enforcement team found serious problems with the construction of small property houses in the district, so they reported the situation to the branch leadership, and later the branch reported the situation regarding the investigation of land violations to the district government. In March 2007, Huairou District convened a meeting to study solutions for small property houses. "After returning from the small property house investigation meeting, I sought instructions from the deputy director of the land branch, who instructed me to put it aside for now," said Cao Jianming, and according to his understanding, he conveyed to the law enforcement officers to continue investigating land violations but not to issue legal documents for land violations for the time being.
"I convened a regular meeting of the law enforcement team after seeking instructions from the deputy director. At the meeting, I required each handler to temporarily halt the investigation of current land violations in Huairou District and not to proceed with the next steps, so the handlers of the law enforcement team stopped the preparation and issuance of relevant legal documents." Cao Jianming said that thereafter, the law enforcement team shifted to other work.
In this regard, the prosecution asked Cao Jianming in court, "Did the leader in charge of the law enforcement team explicitly instruct you to suspend the investigation of this land violation?" Cao Jianming said that he could not remember exactly which deputy director it was at the time, and the leader did not explicitly instruct not to issue legal documents, "The leader did not give explicit instructions. It might be that I misunderstood."
Admitted Negligence and Was Sentenced to Probation
The prosecution presented the work diary of the deputy director in court. The diary recorded that the deputy director had repeatedly urged Cao Jianming to submit the investigation report and penalty decision materials, but Cao Jianming did not send them. Multiple testimonies from Cao Jianming's subordinates also showed that they had handed over the materials needed by the leader to Cao Jianming. The prosecution pointed out that these pieces of evidence could prove that Cao Jianming indeed engaged in dereliction of duty.
Cao Jianming stated that the main reasons for not issuing subsequent legal documents temporarily were fourfold: First, if the district organized the demolition of illegal land constructions within the district, the corresponding land violations would disappear accordingly, saving the administrative costs of the district land branch; Second, if this work was temporarily set aside, it could alleviate the problem of insufficient manpower in the law enforcement team; Third, the basic work of the law enforcement team in investigating this land violation case was not solid, and due to the large area of illegal construction, inaccurate calculations occurred. The land branch did not have special funds for on-site surveys and investigation of illegal construction, which was also the main reason why the investigation by the law enforcement team could not continue; Fourth, because the party involved in the land violation case, Wang Xiaochen, did not cooperate and could not be found, it caused difficulties in issuing legal documents by the law enforcement team.
Cao Jianming also stated that although the law enforcement team initiated an investigation into this case and imposed administrative penalties on the parties concerned, the period from initiating the case to ultimately making the administrative penalty decision dragged on too long, causing the land violations in Suocao Village, Yangsong Town, to not be timely stopped, so he should bear primary responsibility for the ineffective investigation of this land violation case.
At the end of the trial, Cao Jianming expressed regret and hoped for leniency. The Huairou Court believed that Cao Jianming committed dereliction of duty. However, considering that Cao Jianming voluntarily pleaded guilty, the court decided to impose a lighter punishment and apply probation, sentencing Cao Jianming to six months of criminal detention with a six-month reprieve for dereliction of duty. According to the lawyer, Cao Jianming did not appeal.
Developer Made Profits of 401.7 Million Yuan
The "Shui An Jiang Nan" under the supervision of the Ministry of Land and Resources was developed by Wuliuxing Qing Company, whose legal representative was Wang Xiaochen from Mudanjiang City, Heilongjiang Province, and his ex-wife Yao Hongxun was a shareholder of the company.
It was learned that on June 6, 2005, Wang Xiaochen signed a land lease contract on behalf of Wuliuxing Qing Company with representatives Yongjin of Suocao Village Economic Cooperative and Zhang Ke of Suocao Village Economic Cooperative. The contract stipulated that the company would lease 300 mu of wasteland east of Suocao Village for 30 years, with an annual rent of 300 yuan per mu for flat land and 110 yuan per mu for sandy pits. After some "sunlight greenhouses" and ancient-style three-sided courtyard villas were completed, Wang Xiaochen planned to "long-term lease" the houses and proposed to Yongjin and Zhang Ke that contracts be signed with customers in the name of the village, giving the village 10,000 yuan per contract, and changing the 30-year lease to renewable for 20 years. Therefore, on August 20, 2006, both parties signed a supplementary agreement for cooperative leasing. These two land lease agreements were not reported to the local Yangsong Town Government as required by land management regulations.
From July 2005 to September 2009, Wuliuxing Qing Company built more than 60 ancient-style three-sided courtyards in two phases, as well as sunlight greenhouse Chinese-style bungalows, with a total construction area of 74.25 mu. The price of the first phase three-sided courtyards was between 200,000 and 300,000 yuan, then prices rose along with Beijing's housing prices. The price of the second phase three-sided courtyards built in 2008 quickly soared from 400,000 yuan to 600,000 yuan. The "lease term" of these houses was all 50 years. Starting in 2007, Wuliuxing Qing Company also divided part of the land (occupying an area of 98.33 mu) into 67 vacant lots for sale as the third phase of the project, charging by area, with the lowest price being 100,000 yuan.
By the time the case broke out, 121 homebuyers had paid Wuliuxing Qing Company a total of 401.7 million yuan in house payments, and the Suocao Village Economic Cooperative illegally profited 1.1 million yuan.
In the end, Wang Xiaochen and Yao Hongxun were sentenced to three and a half years and three years in prison respectively for the crime of illegally transferring and selling land use rights. Yongjin and Zhang Ke were sentenced to three years in prison with a three-year reprieve.
This edition was written by reporter Sun Siya.