Dispute Resolution Focus on Housing Demolition

Author: Wang Cailiang
Publisher:
Publishing Date: 2004-05-01
Features: My book Focusing on the Key Issues of Housing Demolition Disputes was completely sold out within just two months after its publication. From the perspective of the author, publisher, and bookstore, this would be considered good news. However, from the readers' standpoint, it may not necessarily be a positive outcome. This book is not a novel about trivial matters or a collection of sensational stories; it is a legal monograph that examines the focal points of social conflicts, filled with anxiety and concerns. As a practicing lawyer with no celebrity effect, I have no personal reasons for such high sales. Upon deeper reflection, I realize that the root cause lies in the ongoing fervor of housing demolition disputes. Thinking about this, I no longer feel any joy but instead worry for the numerous parties involved in such disputes.
Since my book was completed, more than half a year has passed, during which two significant events cannot be overlooked. First, on September 19, 2003, the General Office of the State Council issued Circular No. 42 (2003) on Seriously Handling Urban Housing Demolition Work and Maintaining Social Stability (hereinafter referred to as the Urgent Circular), which conveyed the attention of the leadership of the Party Central Committee and the State Council to housing demolition disputes. Subsequently, the Ministry of Housing and Urban-Rural Development issued two regulations: the Guidelines for Urban Housing Demolition Appraisal and the Procedures for Administrative Adjudication in Urban Housing Demolition. The content of the Urgent Circular and the two regulations largely aligns with the viewpoints presented in my book, as if we are seeing eye to eye.
Second, on March 14, 2004, the Second Session of the Tenth National People's Congress passed the Amendment to the Constitution of the People's Republic of China by an overwhelming majority, making significant revisions to the Constitution. The amendments to Articles 10 and 13 of the Constitution have drawn widespread attention. The revised content addresses two key aspects of housing demolition: first, land owned collectively by rural collectives may be expropriated or requisitioned, but only if it is for the public interest and in accordance with the law; second, private property, including housing, may be expropriated or requisitioned only for the public interest, in accordance with the law. This represents a qualitative leap in the protection of land owned collectively by rural collectives and private property. Without a doubt, the essence of housing demolition is expropriation. Was there such a clear stipulation in the Constitution before? No! Has the central government previously placed such high importance on housing demolition disputes? No! However, can we assume that everything will be peaceful with the Urgent Circular and the Constitutional Amendment? Wrong! If housing demolition disputes were quickly resolved or reduced, my book would not have sold so well.
Given the above, when the Legal Publishing House suggested that I revise and supplement my original book for a second edition, I readily agreed without hesitation, even though I had substantial legal cases to take on. Where responsibility lies, I once again turned to my desk under the dim light to make significant revisions and additions to the original book, including a new chapter titled On the Legislation for Housing Demolition, in the hope of contributing to resolving the ongoing disputes.
On the very day I began writing, I came to Xijumingxiao to submit my Proposal for Urgent Legislation on Housing Demolition to the Legal Committee of the National People's Congress, fulfilling my duty as a citizen and exercising my right to participate in national legislation. In the fourth point of my proposal, I explicitly stated: "Before the aforementioned laws are enacted or amended, the practice of governments operating cities should be abolished, land reserve activities should be reexamined, and permits for new land expropriation and demolition projects should be suspended in non-emergency situations, to prevent a large number of unconstitutional actions from undermining the strategy of rule of law and the authority of the Constitution."
At the end of this proposal, I wrote: "The rule of law in the state is the responsibility of the citizens. I submit this proposal with the utmost sincerity!" This is also the motivation behind the revisions and additions to this book. I hope the readers can understand it!