Op-Ed Contributors

Amend law to prevent forced demolitions

By Eric Sommer (China Daily)
Updated: 2010-04-27 07:59

Editor's note: Every person should have the right to accept or reject transferring his/her land-use rights when real estate developers or their agents approach them.

A market has two sides. On the one hand, it promotes innovation, hardwork and the desire to fulfill the needs of the public on a profit basis. On the other, because of the private profit motive it engenders, it creates a desire among people to possess wealth without working, generates hunger for money even if human needs are met, and gives rise to callous disregard for human rights and even life itself.

Both of these aspects can be seen at work in China's real estate market. On the upside, a majority of Chinese people live a better life and enjoy better housing than 20 or 30 years ago. On the downside, China's real estate market has created serious problems for the country.

Sky-high housing prices in many cities - fueled by non-resident apartment owners' speculation of making huge profits - have made apartments beyond the reach of ordinary people.

Even more serious are the actions of some greedy real estate developers. Aided by corrupt local officials, these developers sometimes expropriate land and demolish houses of ordinary farmers and urban residents through questionable and even illegal means. Worse still, demolition squads have either beaten some people to death while razing their homes forcibly or caused others to commit suicide for failing to protect their property.

Recently, a demolition squad killed a homeowner at Xintai in Hebei province. Before that, a 91-year-old man and his son in his 60s burned themselves to death in protest against the forcible demolition of their home. Last month, a woman in her 70s was buried alive when demolishers razed her house.

Sichuan province, where the tragic trend started with the self-immolation of a woman in November, was back at the center of the demolition controversy a couple of days ago. A farmer burned himself to death in Emei city while seven others suffered serious burns after they tried to commit suicide in protest against forcible land expropriation and low compensation.

These land expropriations and demolitions almost always take place with the active or tacit support of local officials.

Under China's law, governments have the right to acquire property or land-use rights in "public interest" after paying fair compensation. This right means governments can expropriate a person's property even if he or she does not agree to it. Such a right is generally called "eminent domain" and is part of the legal code of many countries.

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