Why are the illegally built houses investigated and dealt with by multiple departments "from one to three floors"
——Investigation of a rural illegal building in Beiliu City, Guangxi
Recently, some people reported to the China Youth Daily that the brother of Chen Hongru, party secretary and deputy director of the Beiliu City Management and Supervision Bureau of Guangxi Zhuang Autonomous Region, had illegally relocated his household registration and built a three-story courtyard house covering an area of more than 1 acre without approval. villa.
This brick-and-concrete building without any legal formalities was filed and investigated by the Beiliu City Administration and Supervision Bureau and ordered to stop construction. However, the illegal building is still rising from the village, "from one to three floors."
In recent years, there have been frequent occurrences of "two violations" (short for illegal land use and illegal construction activities) in rural areas, and the lack of strict enforcement of the "two violations" has become a focus of complaints from the masses. Various localities have also targeted the "two violations" chaos. Take special rectification actions.
According to media reports, on September 1, Guangxi Beiliu City organized a joint law enforcement team in the 15th group of Changtang Village, Tang'an Town to carry out a major operation against the "two violations". A total of 20 contiguous illegal buildings were demolished, covering an area of 3950 square meters. Meter.
Is this illegal housing problem reported by the masses true?
Why can this illegal building be investigated and dealt with while continuing its construction?
With all kinds of questions, reporters from China Youth Daily and China Youth Daily went to the local area to investigate.
Unlicensed illegal building was fined but from "one-story to three-story"
On August 14, the reporter came to Grandma Ridge of Daopo Group, Panlong Village, Tang'an Town, Beiliu City, and walked up a path, and a three-story courtyard building stood facing each other.
The exterior wall of this building has not been painted yet, but the interior has been renovated. The building is well built. The three steps at the entrance are equipped with Roman pillar red bronze gates, and the main building roof is covered with blue glazed tiles.
When the reporter talked with a man who came out of the building, he learned that he was Chen Hongru's brother, Chen Xiongchun.
He said that after the house was built, he and the brother of Liu Wuli, a villager in Panlong Village, currently live here.
Chen Xiongchun admitted that last year he was fined by the Beiliu City Urban Management and Supervision Bureau for building a house without a license. Now the building still does not have a replacement certificate.
Speaking of his younger brother Chen Hongru, Chen Xiongchun said: "He sometimes comes to me to play when he has time." Daopo group leader Liu Qingbo said that Chen Hongru often came to drink tea, "(with him) can be considered familiar."
Chen Hongru responded to this in a telephone interview with reporters, saying: "It is possible to go to drink tea. I sometimes go on weekends and do not live there."
In May 2019, when the house without any certificates was built to the first floor, Beiliu City Urban Management and Supervision Bureau filed an investigation into this illegal building. According to 5% of the overall construction cost of the illegal building, Chen Xiongchun Liu Wuli fined 1,5876.6 yuan and ordered the construction to stop.
However, a written administrative penalty decision did not stop them from continuing to build houses.
A few months later, the main body of this three-story courtyard building was completed.
Why can unrelated "relatives" settle in the Daopo Group
In rural my country, homesteads belong to collective land used by members of collective economic organizations for housing construction. Without membership of collective economic organizations, it is impossible to have the qualifications for the use of homesteads in the village.
According to the whistleblower, the land where the house is located originally belonged to Liu Wuli, Liu Song and others from the Daopo Group of Panlong Village.
Soon after Chen Xiongchun's registered permanent residence was moved to the name of Liu Wuli, who was not related by blood, Chen Xiongchun and others began building buildings there.
The reporter saw that Chen Xiongchun’s household registration card stated that he moved into the household from No. 081, Gongjie Group, Gendong Village, Baima Town, Beiliu City, Guangxi Province on June 22, 2018, to Pan Town, Tang’an Town, Beiliu City. No. 30, Daopo Group, Longcun, became a member of Liu Wuli's family.
However, in the column of "head of household or relationship with head of household", fill in non-relatives.
On August 14, a reporter from China Youth Daily and China Youth Daily came to the Tangan Police Station in Beiliu City, where the household registration procedures were handled. The household registration police told reporters that if they are not immediate family members, they can only move household registration from one village to another if they are married. A village.
The reporter showed Chen Xiongchun a copy of his household registration card for household registration transfer under the grounds of "investment in the household". The policeman said that such household registration is not allowed.
When the reporter consulted with the Household Affairs Section of the Public Security Bureau of Beiliu City, the staff found out from the computer files that when Chen Xiongchun was relocating his household registration, he submitted a complete set of materials such as an application form and a house rental contract for mutual recognition of relatives with Liu Wuli.
The reporter checked through Tianyancha and other platforms and found that Chen Xiongchun had no registered enterprises or individual businesses in Beiliu.
The reporter asked Chen Xiongchun what business he did in the Daopo Group of Panlong Village. He replied that he had worked in a nearby ceramic factory for several years, but now because of the new crown pneumonia epidemic, there is no business to do.
Lawyer Wan Miaoyan said that in accordance with my country's legal policy, "investment into one's home" is to go to the city (usually a big city), not the countryside.
Although the reform of the household registration system eliminates the distinction between urban household registration and rural household registration and directly registers as residents, "investment in households" cannot become members of rural collective economic organizations and cannot enjoy homestead distribution.
"'Investment into a household' is at least a household registration transfer across cities and counties, and there is no reason for'investment into a household' within the county."
The reporter learned from Liu Qingbo, the leader of the Daopo team, that Chen Xiongchun and Liu Wuli were not related. When Liu Wuli's cousin Liu Qinggui was doing business in Guangdong, he became good friends with Chen Xiongchun and "he recognized this relative."
This statement was confirmed by Liu Qinggui, who stated that he and Chen Xiongchun currently live in this building.
"I was a very good friend when he and I were doing business in Guangdong. He helped me when I was the most difficult, and he was like a brother." Liu Qinggui said, the two of them have saved money from doing business for many years. Raising 1.5 million yuan to build this three-story house covering an area of 667 square meters, "I don't even have the money to apply for a permit, I don't have money to pay fines, and I don't even have money for decoration."
The reporter learned that according to the local customs of Beiliu, brothers usually build houses separately when they reach adulthood. The situation of living together with friends in a house like Chen Xiongchun is "very special."
Why can the land occupied by illegal houses be "agriculturally converted"
"Because of special circumstances, although this building did not go through any formalities during the construction process, no department or unit prevented it from continuing its construction." The informant said that he wrote multiple reports and sent them to relevant departments without any following .
On August 28, the reporter came to Tangan Town’s Land Planning and Construction Environmental Protection Safety Supervision Station. Liang Yu, the deputy head of the station, said that they had discovered illegal house construction by Liu Wuli and Chen Xiongchun in Daopo Group of Panlong Village during their previous inspections. Without a homestead use certificate, the land occupied by illegal houses belonged to garden land (a kind of agricultural land-reporter's note), which was later changed to village land and houses could be built. Incomplete procedures are considered illegal construction.
In an interview with reporters, Tan Yuanning, the head of the Tang'an Town Land Planning, Construction, Environmental Protection and Safety Supervision Station in charge of "two violations", said that after they discovered Liu Wuli and Chen Xiongchun's illegal building of houses last year, they had filed a case for investigation according to legal procedures.
Why did they not stop the illegal construction after the case was filed and investigated?
Can't control it?
"It's not that we can't control it. We issued a stop notice to stop it in accordance with the law, and also reported to the Beiliu City Natural Resources Bureau. We have performed our duties in accordance with legal procedures." Tan Yuanning replied that they opened the case and needed to be transferred to the court. They are handed over to the court, and sometimes situations that cannot be stopped will happen.
In the Beiliu City Natural Resources Bureau, the reporter interviewed Ou Zuchun, the deputy head of the law enforcement and supervision brigade in charge of Tang'an Town. He said that in November last year, Tan Yuanning did file a case against Liu Wuli and Chen Xiongchun’s illegal construction, and he took it again in July this year. Upon reporting, the Law Enforcement and Supervision Brigade of the Beiliu City Natural Resources Bureau made a record of two illegal house builders.
Regarding why there was no follow-up related law enforcement work after the case was filed, Ou Zuchun said: "I took over the town after the epidemic this year. To be honest, the period from when the case was filed to when I was in charge was a blank area." They learned through investigation. In December 2019, the People's Government of Beiliu City passed a formal approval for the conversion of agricultural land (agricultural land to construction land).
"But Liu Wuli, Chen Xiongchun and others started construction before the approval." The reporter said.
"Yes. If his behavior is continuous, it should be handed over to the court, but it was approved in the process of handling the case. I think it is in line with the plan and should be confiscated. (Land Management Law) New Law and Old Law Before the handover, the case was not in line with the plan, and the case was in line with the plan in the process of handling the case. This situation is uncertain. We are still discussing (how to handle it)." Ou Zuchun said.
Only filing a fine without taking compulsory measures, is it a disguised "substitution of fine for approval"?
The whistleblower said that on May 10, 2019, the Beiliu City Urban Management and Supervision Bureau filed and fined Liu Wuli, Chen Xiongchun and others for their illegal construction activities, but did not take any coercive measures afterwards to stop the construction. In fact, it was a kind of The disguised "substitution of fines for approval"-because the fines have been paid, no one will be asked about illegal constructions, and there will be more sufficient reasons for existence.
In this regard, Chen Hongru stated that in the rural areas of Beiliu, due to policy reasons, many farmers have to complete the procedures or pay fines after they have built their houses. “The payment of fines for approval is actually verbal. According to the law, Can't pass the barrier." He said.
Beiliu City’s Urban Management and Supervision Bureau mentioned in a written reply to the China Youth Daily and China Youth Daily that when the law enforcement officers of the Bureau visited Daopo Group, Panlong Village, Tang’an Town, Beiliu City, they found that Liu Wuli and Chen Xiongchun were building brick and concrete structures. For structural buildings, they were ordered to stop construction on the site, and an "Investigation Notice" was sent to them, requesting them to provide relevant construction preparation procedures to the bureau for investigation. The bureau found that the building under construction did not have a construction project planning permit, and dealt with Liu Wuli and Chen Xiongchun respectively. An administrative penalty decision was made to order to stop construction and impose a fine.
Why is the penalty not stopped for illegal construction?
Beiliu City Urban Management and Supervision Bureau replied that due to the lack of professional inspections, education, deterrents, and crackdowns conducted by the municipal government to crack down on the "two violations", the parties involved used the inspection time gap and the staff's off-duty space to preempt the construction after being punished. Related follow-up work still needs to be strengthened.
The whistleblower reported that, as the person in charge of the "two violations" governance of Beiliu City Management and Supervision Bureau, Chen Hongru personally participated in the investigation and punishment of Liu Wuli, Chen Xiongchun and others' violations of construction, and was in charge of leadership opinions on the case approval form of the case Sign and agree.
Lawyer Wu Lichuan of Beijing Jingshi Law Firm believes that, in accordance with Article 37 of the "Administrative Punishment Law of the People's Republic of China", law enforcement personnel should withdraw if they have a direct interest in the parties.
Investigating the illegal construction behavior of his brother, is Chen Hongru suspected of procedural violations?
In this regard, Chen Hongru explained that he is not a specific case-handling personnel and does not participate in the handling of the case.
"When signing, you should know that your brother is involved in this illegal building. As the person in charge of the Urban Management Supervision Bureau, shouldn't you lead by example to persuade your brother not to know the law and stop the construction?" the reporter said.
"To be honest, I feel a bit wronged. In fact, I don't know or know many things, because (I am in Beiliu City) is in charge of the'two violations' (governance) area, and the demolition of illegal buildings may offend some people. "Chen Hongru said that building houses in violation of regulations is entirely the personal behavior of his elder brother Chen Xiongchun.
The five brothers in his family have separated. "It is not easy to interfere too much in matters between the two families."
China Youth Daily·China Youth Daily reporter Xie Yang Source: China Youth Daily