For half a year, Han Shixiong, a villager in Hanyao village, Daiyao town, Xinghua City, Jiangsu Province, and others have not yet figured out, Its clear that the other party illegally occupied the homestead and built villas first. Eight of us represent the whole group of villagers to safeguard their rights. After negotiation, we received 50,000 yuan compensation from the other party. As a result, the defendant extorted and was sentenced at first instance. Is there any justification?
On January 18, 2019, the Xinghua Peoples Court decided in the first instance that eight villagers, including Han Shixiong and Han Shiwei, were sentenced to one year and three monthsimprisonment, one year and six months probation to ten monthsimprisonment, one years probation and other different sentences and fines.
We have commissioned an appeal from a lawyer. On January 22, Han Shixiong told upstream journalists.
Shen Mous Villa in Hanyao Village
Recently, villagers of Hanyao Village, Daiyao Town, Xinghua City, Taizhou City, Jiangsu Province, reported to the upstream news that in the spring of 2016, a residential site belonging to a group of Hanyao Village was used to build villas by Shen Mou, the current director of investment invitation Office of the government of Daiyao Town, without prior planning and land approval procedures.
Villagers reflected that they had come forward to prevent the construction of villas because they believed that this action violated the collective interests. After several days of stalemate between the two sides, Shen only produced a Rural Construction Planning License issued by Daiyao Town Village Construction Service Station to prove the legality of building houses. But even this late rural construction planning license is full of loopholes: the license number has obviously been altered, and the date of issuance floats on the seal... In addition, Shen admitted that he had not obtained the same key building procedures such as land use certificate.
Han Shixiong, a villager, introduced to the upstream news. After many consultations, Shen Mou offered 50,000 yuan to the villagers of Hanyao village as compensation. The villagers finally agreed. But only 20 days later, eight villagersrepresentatives, including him, were reported for alleged extortion.
_Clearly altered Rural Construction Planning License
The director of the Town Investment Office went to the countryside to build villas. There were many loopholes in the planning permit of late arrival
A group of villagers in Hanyao village reported to the upstream journalists that in the spring of 2016, they found a villa being built on a homestead leading to the sunning Valley Farm in the south of the village.
The owner of the villa is Shen Mou, who once served as a cadre in the village of Daiyao Town. Homestead belongs to the collective land of villagers. Shen Mou is not a person in our village. He cant occupy the land in the village to build a house. When building a house, he didnt get any approval formalities. Villager Han Shixiong said.
Upstream journalists learned that Han Shixiongs Hanyao Village is located in a group near the urban-rural junction of Daiyao Town in Xinghua City. In recent years, with the rise of land and housing prices, the transfer cost of a common residential land around the area has exceeded 300,000 yuan, and the highest was fired to 368,000 yuan.
According to a group of villagers in Hanyao Village, in 2014, the government of Daiyao Town offered to transfer the villagersland contract right to the Hanyao Village Committee at a price of 50,000 yuan per mu. After that, the village used the land for transfer and development, but no legal transfer formalities were handled. The residential land occupied by Shenmou is also a part of it, and also occupies part of collective rivers and private roads.
In 2016, when Shenmous villa was built, villagers prevented its construction many times, and then the construction site was forced to stop. Subsequently, Shen Mou took out a Rural Construction Planning License and asked people to find relationships, hoping to give us some money as compensation. Han Shixiong, a villager, said that although there were objections to the Rural Construction Planning License provided by Shen Mou, after many consultations, on May 4, 2018, villagers finally agreed to charge 50,000 yuan as compensation, allowing Shen Mou to continue building houses.
It was signed by several villagersrepresentatives at that time, and the 50,000 yuan was collected. It was intended to be used for bridge maintenance on another road leading to the barnyard, which was also agreed by more than 50 villagers. Han Shixiong said.
In a government notice issued by the Xinghua Municipal Peoples Government on April 24, 2018, upstream journalists found that Shen Mou, the former village construction cadre mentioned by villagers, had become deputy director and director of the Industrial and Service Service Center of Daiyao Town. The main function of the construction service station of Daiyao Town in Shen is to provide technical services such as planning and design for the construction of villages and towns.
Upstream journalists noticed that Shen had presented the Rural Construction Planning Permit issued on September 13, 2016, and the issuing authority was building service stations for villages and towns in Daiyao Town, Xinghua City. In addition to the obvious floating time of issuance on the official seal, the key license number has been significantly altered, and some of the approval comments have not been stamped with the official seal. In addition, the permit is also marked in a special font: After obtaining the land use certificate, the construction can only be carried out through the lofting of the authorities.
_Planning license part of the approval unit did not stamp the official seal.
Villagers reflected that Shen Mou did not obtain the Rural Construction Planning License when he occupied the homestead construction (spring 2016) (the issuance date was September 13, 2016). Shen Mou also mentioned in his statement to the public security organs that his household registration is located in Weifuxiang, Xinghua City, which belongs to the household registration of urban residents, not the household registration of Hanyao Village. In addition, there is no land use certificate for construction.
Although the procedure was illegal, the villagers agreed to accept 50,000 yuan compensation, and the house began to continue construction. But 20 days later, eight villagersrepresentatives, including Han Shixiong, were summoned by the public security organs on suspicion of extortion.
The police informed us that we were reported to be blackmailing, and that we were arrested by several of our negotiators with Shen Mou. We think that the informant must be Shen Mou. Han Shixiong said.
_31 villagers signed and pressed their handprints to petition the procuratorial organs.
A plea letter with 31 red finger prints
The villagersrepresentatives were caught by the police and the pot was fried in Hanyao village. After the villagers learned about the incident, they also found the local public security organs and asked to take responsibility with eight villagersrepresentatives.
Villagers presented a special petition letter to upstream journalists: the date of payment was September 3, 2018, with 31 fingerprints. The fingerprints were printed by a group of villagers in Hanyao Village, Daiyao Town. The letters were written to the local procuratorial organs, emphasizing that the villagers collectively safeguarded their rights and prevented the building of houses. The compensation of 50,000 yuan was to compensate the whole group members. It was not earned by any individual or several people. The procurator is requested to go to Hanyao village for a group of on-the-spot investigations to find out the details, to observe the peoples conditions, to conform to the peoples feelings, and to give us a fair treatment of a group of villagers.
Upstream journalists learned that Shen had mentioned to the public security organs that although the formalities were completed after the house was built, in 2014, the land had been repossessed and resettled by the government, and he did not occupy public land. Han Shixiong, a villager, said Shens reference to the return and resettlement of villagersland contract rights was transferred to the village committee in 2014, when the government did not publish relevant compensation agreements and other relevant documents in accordance with the regulations.
Why are non-Hanyao villagers using the land reclaimed by the government to build private villas? Upstream journalists contacted the Daiyao Town Government many times. The other side declined the interview on the grounds of not clear, everything is mainly decided by the court.
On the morning of January 23, upstream journalists dialed the telephone of Daiyao Town Government Investment Office to look for Shen Mou. A staff member confirmed to the reporters that Shen Mou was indeed the director of Investment Promotion Office of Daiyao Town Government. Director Shen is calling. Then a man answered the phone and asked the reporter what was wrong. The reporter asked him if he was Director Shen himself, and the other party did not deny it. The reporter then asked Shen Mou to talk about his suspicion of buying a house to build a villa. He changed his name to wait until he has finished calling and then hung up the phone. A few minutes later, the reporter called Daiyao Town Investment Office again, and the staff said that Director Shen was not in.
_Daiyao Town Peoples Government reported to the higher disciplines Commission Department on September 11, 2018 Report on the Construction of 32 Villagers in Hanyao Village, Daiyao Town.
Internal documents: Party members and cadres involved in illegal construction shall be investigated and handled by the Discipline Commission.
On December 21, 2018, the first instance of the case was heard in the Xinghua Peoples Court. During the more than three-hour trial, the main issues were whether there was extortion by Han Shixiong, Han Shiwei and Wang Cuncai, and whether Shens building procedures were legal.
During the trial, the public prosecution mentioned that, after investigation, it was found that Han Shixiong, Han Shiwei, Wang Cuncai and others had collected fees from the villagers on the grounds of safeguarding their rights and paid them 50 to 100 yuan each time for the purpose of demanding compensation from Shen. And Shen Mou once told the public security organs that it was not voluntary to pay 50,000 yuan compensation. And Han Shixiong, Han Shiwei, Wang Cunzai and others asked Shen to mention in the receipt that Shen was voluntary compensation, mainly because they knew Shen was not voluntary.
The public prosecution organ also said that the land occupied by Shenmou construction has the Rural Construction Planning Permit and the transfer agreement of 50,000 yuan and 1 mu signed by villagers in 2014. Therefore, Shenmou construction is recognized as a legal act.
Han Shiweis attorney believes that Shen Mou is not a villager of Hanyao village. His behavior of buying Hanyao villages homestead violates the mandatory provisions of the national land management laws and regulations, and is illegal and invalid.
In addition, the rural construction planning license provided by Shen Mou is obviously illegal. The number of the certificate is altered, and there are many gaps in the approval process table, which is obviously not a formal normative document. According to the Regulations on the Planning and Construction Administration of Villages and Towns, urban non-agricultural household registration residents who need to use collectively owned land to build residential buildings in the planned areas of villages and towns shall, with the consent of their units or residentscommittees, proceed in accordance with the relevant examination and approval procedures, i.e., apply to the land management departments of the peoples governments at the county level for land use in accordance with the Land Management Law and through county-level personnel. After approval by the peoples government, the land administrative departments of the peoples governments at the county level shall allocate land. Shen Mous Rural Construction Planning Permit is issued by the subordinate department of Daiyao Town, which obviously violates the above provisions which should be approved by the peoples government at the county level.
Han Shiweis attorney told upstream journalists that Shen Mou had no right to build a house with a permit even under the Rural Construction Planning License. Because the permit clearly stipulates that only after obtaining the land use certificate can the construction be carried out through the lofting of the competent department. In addition to Shen Mus own admission that he has not yet obtained a land use permit, the Daiyao Town Peoples Government also clearly pointed out in the Report on 32 VillagersHousing Construction in Hanyao Village, Daiyao Town, which was submitted to the Discipline Commission at a higher level on September 11, 2018, that 12 non-Hanyao Villagers, including Shen Mu, should build houses after land acquisition and transfer procedures are handled by the Land Bureau, and that unauthorized workers should be punished. u3002 Party members and cadres involved in illegal construction shall also be investigated and dealt with by the municipal and township disciplines committees.
_In the documents submitted to the Disciplinary Commission by the peoples government of Daiyao Town, it is clearly stated that Party members and cadres involved in illegal construction shall be investigated and handled by the municipal and township disciplinary committees.
In addition, Han Shiweis lawyers also believe that the defendants, such as Han Shiwei, Han Shixiong and Wang Cuncai, together represent the whole group of villagers to safeguard their rights, not out of personal interests. Among the 54 villagers in Hanyao village, 45 villagers participated in the fund-raising and obstruction. The essence of their behavior is to protect the rights and interests of all villagers, not to seek illegal interests. Villagersaction of safeguarding their rights did not cause additional damage to Shen Mous personal and property. Shen Mous infringement is prior, the collective rights protection of villagers is a normal and lawful act in dealing with economic disputes, and the compensation received belongs to the scope of compensation for economic disputes, and should not be considered as a criminal act. Han Shiwei and others have never tried to get substantial benefits from compensation.
Upstream journalists learned that the public prosecution organ did not produce relevant evidence in court to prove that Shens house-building was lawful except for the Rural Construction Planning Permit mentioned by Han Shiweis attorney.
_Villagers said that 50,000 yuan will be used for repairing bridges in villages.
Eight villagers who were sentenced at first instance will appeal
On January 18, Han Shixiong and others received the judgment of the first instance. The court found that from the second half of 2016 to May 2018, eight people, including Wang Cuncai, Han Shixiong and Han Shiwei, took the measures of stacking bricks on Shenmous construction site, hiring elderly women from their village to push walls and sit on mixers to prevent Shenmou from building. Extortion was carried out against Shenmou, and the victim was extorted for 50,000 yuan. After the incident, the defendants Wang Cuncai, Han Shixiong and Han Shiwei all voluntarily surrendered to the case and truthfully confessed their criminal facts. The proceeds of 50,000 yuan were detained by the public security organs and returned to the victims. Therefore, eight persons actually take claim for rights as an excuse for illegal possession.
Upstream journalists noted that the judgment only mentioned that Shens housing construction did not exceed the planning permission and did not occupy the road to the stage. However, the judgment did not mention the legality of Shen Mous building and examination and approval procedures, another controversial point between the two parties in the court trial.
_Compensation receipt shows that Shen is the cause of voluntary compensation.
In view of the fact that Han Shixiong, Han Shiwei, Wang Cunzai and others mentioned in the judgment surrendered themselves and returned the stolen goods, Han Shixiong explained to the upstream journalists, Only by refunding money and acknowledging surrender, can we be allowed to go on bail pending trial.
Because of insisting that they belong to the normal safeguard of rights, and there is no compelling Shen to compensate 50,000 yuan, at present, eight defendants, such as Han Shixiong, Han Shiwei and Wang Cuncai, are ready to file an appeal.
Source: Upstream News Author of Chongqing Morning News: Shi Tingtings Responsible Editor: He Yufang_NN5632