Land Disputes

Land Dispute 1963

孙大午：你想做个干净的人，你就做不成
原作者：编辑： Yve -
来源：中国数字时代
2020年12月7日 

1.恐怖的大抓捕


南方周末采访的匿名人士称，警方通报中的“破坏生产经营”，源自于孙大午所在的郎五庄村与徐水国营农场的土地纠纷。1963年，郎五庄村曾将740亩土地交由徐水国营农场耕种。实际上，后者占用的土地超过2000亩。为了土地确权，双方数年争执不下。后来，郎五庄村把土地租给了大午种植业公司。今年6月21日和8月4日，大午集团人员与徐水国营农场人员先后发生了两次冲突。第二次冲突中，徐水区公安介入，并与大午集团员工发生肢体冲突，大午集团 20多名员工因此受伤，39名员工被抓。

https://www.ipkmedia.com

Sun Dawu: If you want to be a clean person, you can't do it
Author: Edit: Yve -
Source: China Digital Age
December 7, 2020

 
1. The Great Catch of Terror

An anonymous person interviewed by Southern Weekend said that the "disruption of production and operation" in the police report originated from a land dispute between Langwuzhuang Village, where Sun Dawu is located, and Xushui State Farm. In 1963, Langwuzhuang Village once handed over 740 acres of land to Xushui State Farm for cultivation. In fact, the latter occupies more than 2,000 mu of land. In order to confirm the land rights, the two sides have been arguing for several years. Later, Langwuzhuang Village leased the land to Dawu Plantation Company. On June 21 and August 4 this year, Dawu Group personnel and Xushui State Farm personnel clashed twice. In the second conflict, the Xushui District Public Security Bureau intervened and had a physical conflict with Dawu Group employees. More than 20 employees of Dawu Group were injured and 39 employees were arrested.

According to a report by VOA, Sun Dawu said in an interview later that the police clearly favored the Xushui State-owned Farm, "it was deemed that they belonged to the state, but in fact they were a group for personal gain in the name of the state."


* Mou, Chinese unit of land measurement that varies with location but is commonly 806.65 square yards (0.165 acre, or 666.5 square metres). 



The central issue between Xushui State Farm and Dawu Group is a land dispute. There are thousands of land disputes throughout China every year. In most cases, they result in confiscation of the land at some point. Social unrest is created in the process. 

The fact is that this particular land dispute began in 1963 or 58 years ago. The issue is not so much what happened in two incidents referred to as “6.21事件”and 和“8.4事件”in 2020 at a village in Langwuzhuang leading to eight charges against only one side in the dispute. Two questions should be asked. Why has the government not developed a satisfactory mechanism in 58 years to resolve disputes like these? Why hasn't the law been adequately reformed to avoid disputes? 

2020年8月4日

China Business News: Sun Dawu’s new puzzle: What is a state-owned farm?

October 10, 2010

This expressway is called Rongwu Expressway. It runs from Rongcheng in Shandong to Wuhai in Inner Mongolia. It is an east-west trunk line in the "13 vertical and 15 horizontal" planned and constructed by the state. It runs through the whole of Hebei and passes through the Dawu Agriculture and Animal Husbandry Group. It is located in Xushui County, Baoding.

However, the Dawu Group, which covers an area of 225 acres, has not received the corresponding compensation for land acquisition, which makes Sun Dawu puzzled. "According to the "Notice of the People's Government of Hebei Province on the Implementation of the Land Price Requisition" (Jizheng [2008] No. 132), I should be able to get 80% of the land compensation." He told reporters, "But now only for the land For the compensation for attachments, the compensation for land acquisition has not been paid.” The reason given is that Dawu Group is not the owner of the right to use these land.

In fact, the land was originally contracted and leased by Dawu Group from the local state-owned farm in Baoding. The contract period was 30 years, with 16 years before it expired. However, all land compensation was paid to the state-owned farm, Dawu Group Because he is not the owner of land use rights, no compensation will be given for the next 16 years.

"Freak" State Farm

In Sun Dawu's view, the state-owned farm is like a "freak": its business activities have nothing to do with superiors, profit and loss have nothing to do with superiors, and the amount of money earned is not handed over to the state or government. However, the superiors will still provide various compensations to the farms according to the agricultural land (the original situation was that farmers paid agricultural taxes, and the farms also paid agricultural taxes; now farmers enjoy a subsidy of more than 80 yuan per mu, and the farm also enjoys it), and the farm operates in a market economy. Being realistic I don't think it has anything to do with the State.



中国经营报：孙大午的新困惑：国营农场为何物？

October 25, 2010

这条高速公路名叫荣乌高速，从山东的荣成直至内蒙古乌海，是国家规划建设的“十三纵十五横”中一条东西干线，贯穿河北全境，也正好经过大午农牧集团所在的保定徐水县境内。

但是被占地225亩的大午集团，却没有得到相应的征地补偿，这让孙大午怎么也想不通。“按照《河北省人民政府关于实行征地区片价的通知》（冀政 [2008]132号），我应该能得到80%的土地补偿款。”他对记者说，“但现在只给了地上附着物的赔偿，征地补偿款分文未给。”给出的原因是大午集团并非这些土地的使用权人。

事实上，这些土地当初是大午集团从保定地方国营农场手中承包租赁而来，承包期为30年，还有16年才到期，但是，全部土地补偿款支付给了国营农场，大午集团因不是土地使用权人，未来的16年不予任何补偿。

“我们承包了30年却不是使用权人，这是什么道理？实在难以接受。”孙大午说，“这样的事全国不知有多少？国有资产居然不属于国也不属于民，到底属于谁？”

“怪胎”国营农场

在孙大午看来，国营农场就像一个“怪胎”：它的经营活动与上级无关，盈亏与上级也没关系，赚多少钱也不上交国家，也不给政府交。可是上级仍然会按照农用地给予农场各种补偿（原来的情况是农民纳农业税，农场也纳农业税；现在农民享受每亩80多元的补贴，农场也享受），农场在市场经济中经营生产、盈亏自负，看不出和“国家”有什么关系。

http://sundawu1.blog.sohu.com/161530405.html

50 million Chinese left homeless by developers

Sydney Morning Herald

October 24, 2011


It’s a reversal of one of the core principles of the Communist Revolution. Mao Zedong won the hearts of the masses by redistributing land from rich landlords to penniless peasants. Now, powerful local officials are snatching it back, sometimes violently, to make way for luxury apartment blocks, malls and sports complexes in a debt-fueled building binge.

City governments rely on land sales for much of their revenue because they have few sources of income such as property taxes. They’re increasingly seeking to cash in on real estate prices that have risen 140 percent since 1998 by appropriating land and flipping it to developers for huge profits.

“The high price of land leads to local governments being predatory,” said Andy Xie, an independent economist based in Shanghai who was formerly Morgan Stanley’s chief Asia economist. “China’s land policy is really screwed up.”

The evictions are alarming the nation’s leaders, who have taken steps to tackle the problem and are concerned about social stability. Land disputes are the leading cause of surging unrest across China, according to an official study published in June. The number of so-called mass incidents -- protests, riots, strikes and other disturbances -- doubled in five years to almost 500 a day in 2010, according to Sun Liping, a sociology professor at Beijing’s Tsinghua University.


There’s more to come. Some 60 million farmers will be uprooted over the next two decades as the urbanization that propelled China to the world’s second-largest economy gathers pace, according to an estimate by the Chinese Academy of Social Sciences in Beijing. In many cases, officials take land they don’t use, an August report from the academy said.

https://www.smh.com.au/business/50-million-chinese-left-homeless-by-developers-20111024-1mg0p.html

康养小镇

Cheng Tiejun: Sun Dawu's "Capital Socialism" Dream (Part 5)

February 4, 2021

 Da Wu continued, “For another example, the state encourages farmers to exchange vacant homesteads for our commercial buildings, which is conducive to the use of idle land and promotes urbanization. I built nine elevator houses with the replaced land quotas. I also got approvals from the Land Bureau and the Urban Construction Bureau. The government also collected corresponding taxes and fees. Unexpectedly, the new district chief of land would not agree with the approval of the former leader. Acknowledgment, insisted that we were building illegally, and claimed to be blown up for us. After a reasonable argument, the city leaders intervened in coordination, and the dispute was settled. Let us make up for the "change of use" difference before it is settled. This turmoil. If the definition of land rights is very clear, the land use supervision is also clear and easy to understand, leaving no ambiguity. Will there be so many frictions and disputes?" In response to this ambiguity, I asked friends in the system, and they said out of the mystery, it turns out that randomness is directly proportional to rent-seeking space. The greater the arbitrariness, the more opportunities to make money. Therefore, urban streets are under construction almost every year. After digging and repairing, and digging after repairing, there are rebates available for every construction.



程铁军：孙大午的“资本社会主义”梦 （连载之五）

2021年2月4日


” 大午接着说，“再比如，国家鼓励农民，用空置宅基地交换我们的商品楼，有利于闲散土地利用，也促进促进城镇化建设。我用置换来的土地指标建了九栋电梯房，也从土地局和城建局拿到了批文，政府还收了相应的税费。没想到，新任区土地局长，对前任领导批准的事情不认账，硬说我们是违章建筑，声称要给我们炸掉。后经据理力争，市领导介入协调，才算平息了纠纷，让我们再补交点什么“变更用途”差价，才算摆平了这场风波。如果地权界定非常清楚，土地用途监管也明白易懂，不留模糊地带。还会有这么多摩擦和纠纷吗？”针对这种模糊随意，我询问了体制内朋友，他们道出了其中奥妙，原来，随意性跟寻租空间成正比。随意性越大，捞钱机会就越多。所以，城市街道几乎年年施工，挖了修，修了再挖，每次施工都有回扣可拿

https://yibaochina.com/?p=240568

   
Original title: Why was Sun Dawu arrested? Land disputes with state farms surfaced

November 15, 2020


Wu Danhong, director of the Difficult Evidence Center of China University of Political Science and Law and a part-time lawyer of Beijing Youbang Law Firm, recently wrote an article that the reason for Sun Dawu's sudden arrest after many years is most likely due to the aforementioned land dispute. Many years ago, Langwuzhuang Village had handed over 740 mu of land to the state-owned Baoding Farm for cultivation, but there have been people accusing the state-owned Baoding Farm for occupying more than 2,000 mu of land in Langwuzhuang Village. In order to confirm the land rights, the two sides have been arguing for several years. Later, Langwuzhuang Village leased the land to Dawu Seed Industry Company.

Since then, Dawu Group personnel and state-owned Baoding Farm personnel clashed repeatedly due to land confirmation issues, which eventually led to police intervention.




孙大午因何被抓？与国营农场土地纠纷浮出水面
2020-11-15

中国政法大学疑难证据中心主任、北京市友邦律师事务所兼职律师吴丹红近日撰文称，时隔多年，孙大午此次突然被抓的起因，大概率是因为上述土地纠纷。多年前，郎五庄村曾将740亩土地交由国营保定农场耕种，但一直有人在控告国营保定农场占用郎五庄村土地超2000亩。为了土地确权问题，双方数年间争执不下。后来，郎五庄村将地租给了大午种业公司。

此后，大午集团人员与国营保定农场人员多次因土地确认问题发生冲突，并最终导致警方介入。

https://money.163.com/20/1115/18/FRGCB76N002580S6.html

 



人身和财产权   Person and Property Rights
                                             

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