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Scholars bid government to abolish housing law

By Wang Jingqiong (China Daily)
Updated: 2009-12-09 07:53

Scholars bid government to abolish housing law

Tang shocked the nation by setting herself on fire to protest the demolition of her former husband's garment processing unit on Nov 13. She died of severe burning 16 days later at a local hospital, and the building was pulled down.

However, the local Chengdu government said Tang and her family were actually confronting law enforcement in a violent way. The government referred to the Housing Demolition and Relocation Management Regulation for seizing the garment building.

After Tang's death, many people angrily criticized the local authorities for the violent way in which the regulation was enforced.

"It's funny that those who conduct housing demolition support themselves with a regulation that disagrees with higher laws," said Jiang Ming'an, one of the five scholars.

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"It is obvious that the regulation favors the demolishers and infringe upon the rights of residents," said Cai Dingjian, a law professor from China University of Political Science and Law.

The regulation also stipulates that even if residents file a lawsuit, local governments still have the right to force relocation before a court verdict.

"Residents tend not to sue as their houses are already demolished, and courts would be in a quandary to handle such cases," Cai said.

"The regulation has become a tool by local governments and estate developers to make money by exploiting people's land and housing," said He Weifang, a former law professor with Peking University.

He said in compensation negotiations, the residents have no say as the prices are decided by local governments.

"With land and housing prices going up so fast these years, forced relocations occur more and more often", said Li Jin, a lawyer from Beijing.

Shen said the five scholars are not against urban development and progress, but asked "If the price is people's basic rights and sense of security, can we afford that?"

However, Shen said there would be difficulties in making changes as the interest of local governments will be violated, and "that will be a great pressure for the top legislature".

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