Hebei Shijiazhuang Osprey paint factory, the most

Shijiazhuang, Hebei: the Osprey paint factory was forcibly demolished by Hebei Normal University

Shijiazhuang, Hebei: the Osprey paint factory was forcibly demolished by Hebei Normal University

May 11, 2011

[China paint information] Shijiazhuang Osprey paint factory is subordinate to Shijiazhuang Osprey group. It was founded in 1986 and is located in the Osprey Industrial Park, Shiluan Road, Yuhua District, Shijiazhuang, with a plant area of 18000 square meters (equivalent to 28 mu), The building area is 8900 square meters, the approved annual output is 15000 tons, more than 300 employees are employed, and the total assets are more than 100 million yuan. It is a medium-sized private enterprise specializing in the production of chemical paint and coating. Its products have passed the ISO9001 quality management system certification, and have obtained green interior decoration materials, Chinese high-quality paint, Hebei high-quality products, Hebei famous trademarks, consumer trusted products for many years A series of honorary titles such as qualified enterprises in national product quality spot check

since the beginning of 2009, Hebei Normal University has begun to demolish the Osprey paint factory and its surrounding areas. The Osprey paint factory has always adhered to the reasonable requirements of "harmonious solution, stable transition, compensation according to law, and ensuring the basic survival of enterprises and employees". Organize the investigation of suitable sites, demonstrate and plan the new construction scheme, support the construction of the new campus of Normal University, and strive to make preparations for demolition. Shijiazhuang municipal government also attached great importance to the relocation work. A coordination meeting was held on November 20, 2010, and it was required that the relocation office of Yuhua District take the lead, with the participation of Hebei Normal University, Shijiazhuang Osprey paint factory and Nanjiao neighborhood committee, to coordinate and deal with the controversial issues in the relocation evaluation report of Shijiazhuang Osprey paint factory according to law. However, Hebei Normal University did not talk about the compensation for Shijiazhuang Osprey paint factory when the dispute over the relocation evaluation report was unsuccessful. In order to maximize their own interests, ignoring the provisions of the law, they first took the illegal demolition of blocking roads and power cuts, and then developed into non residents who pushed down the fence, and they had the opportunity to obtain a further promotion method

in April 2010, Lu Junheng, vice president of Hebei Normal University, sun Zhongyi, director of the infrastructure department, negotiated with Xin Shuhua, vice chairman of the eagle group, and Xin Zenggang, director of the eagle paint factory on the issue of demolition compensation, and reached a consensus that "the eagle paint factory entrusts a legal asset appraisal institution to conduct a comprehensive asset appraisal in accordance with the principles of objectivity, impartiality, science and accuracy, and take this as the basis for compensation". Accordingly, Beijing Zhonghe assets evaluation Co., Ltd. was entrusted by the Osprey paint factory to evaluate the buildings, structures, production facilities and equipment, landscaping and other basic facilities and business losses that will suffer direct losses due to demolition in the factory. On June 22nd, 2010, Beijing Zhonghe Assets Appraisal Co., Ltd. issued the asset appraisal report [Zhonghe pingbao Zi (2010) No. v2026]. The appraisal value of the relocation compensation of the Osprey paint factory should be 62.6442 million yuan. At that time, the normal university suddenly broke the contract and proposed that it could only choose an evaluation institution in Hebei Province. The Cai Qi [2007] No. 339 document of the Ministry of Finance clearly stipulates that "asset appraisal institutions engage in asset appraisal business in accordance with the law, are not restricted by administrative regions and industries, and no organization or individual may illegally intervene". Later, Hebei Normal University violated the legal evaluation procedures and found an evaluation institution with only real estate evaluation qualification to evaluate the assets and relocation costs of the Osprey paint factory. However, the evaluation report was inconsistent with the basic property of the enterprise, seriously missing items, and could not truly reflect the current situation of the assets of the Osprey paint factory

since then, Hebei Normal University has never stopped talking about relocation compensation, ordering others to cut off power and block roads, which has evolved into a continuous strong conflict between the two sides

at 17:30 on March 13, 2011, during the construction of the new campus of Hebei Normal University in the east of the eagle paint factory, the 380 volt high-voltage underground cable of the eagle paint factory was broken, causing the eagle paint factory to stop production. After finding that the cable was broken, the eagle paint factory immediately helped customers realize the cumbersome process of replacement spraying and electroplating with the relevant leaders of the normal university in the field of utilization, and asked them to repair it as soon as possible, but they were rejected. The 380 volt high-voltage cable exposed on the ground may cause casualties at any time, which is of great danger. However, the leaders of Hebei Normal University were unaware of this and prevaricated each other. It is said that a ragpicker was electrified on the morning of March 14. On the night of March 15, 2011, the construction was forced and the Shiluan road was cut off, resulting in the inaccessibility of vehicles and personnel of the Osprey paint factory. The workers were very excited. In order to avoid further deterioration of the incident, the Osprey paint factory hired a forklift to level the road and reported to 110 police at about 23:00 on March 16, 2011, Hebei Normal University forcibly dumped the construction waste of 4 dumpers into the road leading to the Osprey paint factory, which once again prevented the vehicles and personnel of the Osprey paint factory from entering and leaving. The Osprey paint factory immediately called the police and pushed the construction waste away

at about 8:30 on March 18, 2011, Hebei Normal University again 4. The collet that can move freely along the axis must have a tension like force adding device. The second time, someone was sent to dig ditches on the road leading to the Osprey paint factory. The Osprey paint factory immediately called the police, and the police temporarily stopped the "open circuit" behavior of Hebei Normal University

at about 14:30 on March 18, 2011, Hebei Normal University repeated its old trick and ordered the construction team to dig ditches on the road leading to the Osprey paint factory. After the police call, the construction party was not stopped. In the helpless situation, the painters could only spontaneously organize to safeguard the legitimate rights and interests of the enterprise and themselves

at about 10 a.m. on March 30, 2011, the fence of Shijiazhuang Osprey paint factory was pushed down by the construction party with a hook machine for about 13 meters, and the hook machine directly extended to Shijiazhuang Osprey paint factory. A large pit with a diameter of about 2 meters and a depth of about 1 meter was forcibly excavated on the ground between the first and second workshops in the plant. Fortunately, Shijiazhuang Osprey paint factory found out in time and stopped Hebei Normal University from destroying others' legal property in time. At present, Shijiazhuang Osprey paint factory and the Construction Party of Hebei Normal University have been in a state of confrontation, and fierce conflicts will occur at any time

at present, due to the destructive behavior of the Construction Party of Hebei Normal University, the Osprey paint factory has been powered off, the roads have been blocked, and more than 10 meters of openings have been dug on the East and west sides of the fence, which may lead to the possibility of danger of paint materials or paint products at any time. Power failure leads to the failure of safety alarm devices in production workshops and warehouses; When the inflammable and explosive products in the plant are in danger due to the road blocking behavior, the fire vehicles cannot enter the site for rescue, thus causing a major safety accident. However, these cannot be paid enough attention by the relevant leaders and construction parties of Hebei Normal University

according to the notice that the Central Commission for Discipline Inspection will focus on investigating and dealing with "Zhulian" forced demolitions and illegal forced demolitions, "the practical loading method is hydraulic, and the investigation and handling of illegal and illegal forced land acquisition and demolition cases will be strengthened. The focus will be on investigating and dealing with illegal forced relocation behaviors such as interrupting water supply, heating, gas supply, power supply and road traffic, and forced land acquisition and demolition behaviors such as violence, threat or assault," Zhulian "and so on, And issues such as the implementation of administrative compulsory demolition after the promulgation of the regulations on the expropriation and compensation of houses on state owned land "; According to Article 35 of the property law, "if the property right is or may be impaired, the obligee may request to eliminate the impairment or eliminate the danger"; According to Article 83 of the general principles of the civil law, "the neighboring parties of a real estate should correctly handle the neighboring relationship in the aspects of water interception, drainage, passage, ventilation, lighting, etc. in the spirit of being conducive to production, convenient for life, solidarity and mutual assistance, and fairness and rationality. If any obstruction or loss is caused to the neighboring parties, the infringement should be stopped, the obstruction should be eliminated, and the loss should be compensated." That is to say, the necessary passage within the scope of land or buildings, adjacent parties enjoy the right of passage, and the owner and user of land or buildings shall not stop or block it. The behavior of Normal University has been a serious infringement; According to Article 21 of the tort law, "if the infringement endangers the personal and property safety of others, the infringed can request the infringer to bear the infringement of stopping the infringement, eliminating the obstruction, eliminating the danger and so on."; According to Article 27 of the regulations on the expropriation and compensation of houses on state owned land, "the implementation of housing expropriation should be compensated first and then relocated.... no unit or individual shall force the expropriated person to relocate by violence, threat or illegal means such as interrupting water supply, heat supply, gas supply, power supply and road traffic in violation of regulations. The construction unit is prohibited from participating in relocation activities."

the Osprey paint factory is a private medium-sized chemical enterprise with a history of more than 20 years, which is established on collective land. The demolition and relocation of the Osprey paint factory, with Hebei Normal University as the land collector and demolisher, is undoubtedly commercial demolition in its legal nature. Since it is a commercial demolition, it should be carried out in accordance with national laws and market rules. We must not mechanically apply some local policies on government land acquisition and demolition and resettlement on state-owned land, but should treat them differently. Only in this way can we fully reflect justice and correctly implement the spirit of "the relocation of Osprey paint factory should be moved alive but not dead" of Shijiazhuang municipal government and vice mayor Wang Dahu. For the survival of the enterprise, for the life of more than 200 employees, for the safety of the lives and property of the people around the enterprise, for the harmony and stability of the society, and for the smooth construction of the new campus of Hebei Normal University, it is hoped that the Yuhua District government and the District demolition office will handle the relocation work based on the principle of social harmony and stability, and actively coordinate the relocation compensation with Hebei Normal University and Osprey group