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The China Blog, TIME

A Nail House No More

The Beijing nail house mentioned here has been torn down. At the site earlier today there was nothing but workmen moving the last bits of rubble, planting flowers and painting the red wall behind where the Yu family store once stood. A person at a nearby store said the destruction work began at 3 a.m. on Friday. From an aesthetic standpoint that section of Di'anmennei Street looks a lot better without the store sticking out amid the newly planted greenery. But whether flattening a house in the middle of the night contributes to social harmony is a question that's not as easily answered.

Reader Comments (21)

guo hong:

Sound like a tragedy of last man standing, but a lawless man in an illegal building without any certicate, a building any country will not allow to stand.
The gabbage whose right you consider as human right, should be grateful that, even if the small property was built illegally from very beginning, Beijing government has still compensated him for a RMB 410,000, a fact and a mount you biased media will never report.

echineselearning:

I think it is an unfortunate thing for the household, but it is also the needs of urban development.So it's inevitable.

oaiqnain:

did the family move out before the destruction?

evilduckie:

According to Chinese media outlets, they family demanded 15 million RMB as compensation, for about what is essentially 37 sq. meter of land.

Rediculous!

Eric:

Oh, come on...This is in the urban center of Beijing!
The land price could be far more than that!

Tomorrow:

Well, according to the Chinese constitution, this family does not "own" the lands they occupy.

Although the recently enacted Property Act of the PRC protects people's rights of using the lands they leased from the State, one has to realize that the lands are NOT individualy owned.

So, in a sense, this is a case of the landlord asking its tenant to leave for certain reasons. Although, since the landlord is the State, and it happens to be a "communist one", then, certainly, people can use their imagination to write numerous stories around it.

But at the end of the day, we have to act legally in a civilized society, don't we? (recognizing that no laws is perfect and no legal system is perfect).

And let's have a look at how similar cases have been handled in the United States, in terms of the issue of eminant domain.

http://en.wikipedia.org/wiki/Kelo_v._New_London


Tomorrow:

Well, according to the Chinese constitution, this family does not "own" the lands they occupy.

Although the recently enacted Property Act of the PRC protects people's rights of using the lands they leased from the State, one has to realize that the lands are NOT individualy owned.

So, in a sense, this is a case of the landlord asking its tenant to leave for certain reasons. Although, since the landlord is the State, and it happens to be a "communist one", then, certainly, people can use their imagination to write numerous stories around it.

But at the end of the day, we have to act legally in a civilized society, don't we? (recognizing that no laws is perfect and no legal system is perfect).

And let's have a look at how similar cases have been handled in the United States, in terms of the issue of eminant domain.

http://en.wikipedia.org/wiki/Kelo_v._New_London


Tomorrow:

To Eric,

A 37sqm piece of land in central Beijing may worth more than 15 million RMB in today's hot Olympic market, but you have to understand that this family does not own this property.

So, to suggest that this family has the rights to put all the land appreciations into their own pockets without taking into consideration the who owns what does not make sense at all.

You have to first define what rights do they have in this particular case. And in China, since there is a differenciation between ownership of lands and ownership of land use rights, the issue is more complicated than you can imagine.

And then there is also a human nature thing, which will further complicate the who thing.

Francesco Sinibaldi:

Facing the sea...

A delicate and
soft wind is
blowing near an
empty space,
while the curtain
covers a silky
notepaper describing
a picture and the
love for the youth;
I call you my
darkness, I wait
for a dream......

Francesco Sinibaldi

John Smith:

As long as the US confiscates land from people, China is right doing the same thing. I am glad that this problem is resolved to the Chinese government's satisfaction.

guo hong:

To Eric,

Unlike you think, a 37sqm piece of land worths at most RMB1.5 million in this area. About one bus-stop away is the most expensive Houhai Lake district where the original and traditional courtyards with full property right are for sale at price of RMB40,000/sqare meter. What owner said about the compensation that cannot buy a toilet is totally sh*t which can only be quoted by some biased and ignorant western reporters with a hidden motive, who will jump updown with the news like a horny rat in mating season.

Please pay attention to this "full property right", that is the very thing respected by Property Act of the PRC Constitution. There were many cases of sad demolition incidents like in Chongqing last year, but this one in Beijing is entirely wholly totally different.

This demolished rotten house was built illegally from the very beginning and stood as a nail for already 6 years after court verdict. The nut owner just bullied the governent while ignoring the repeated verdicts, order and warning of court of two levels. The compensation was increasing from RMB120,000 as started years ago to RMB 410,000 in the end.

But who the SOB thinks he is? Daliar Lama, the only one who can bully Chinese government at this moment? Olive can want more, but he cannot always want more. This kind of out-law gabbage should not only be treated like this, but also locked behind the bar as well, for at least a full 15 days.

guo hong:

To John Smith

---"As long as the US confiscates land from people, China is right doing the same thing"?

You sound really funny with your universal American standard. Now I understadn why you were so mad at CHinese posters here.
Now I am starting to think that maybe it was not right to pull down the man's house. lol!

Tomorrow:

That's you call Mr. John Smith.

But a judgement call with sound credibility should be based on sound knowledge and analytical skills.

In this case, the question really is about public interest Vs private interest (or rights)-- how do you define them and how do you solve the conflict between them.

To simply claim "rights" is not enough ... although these days it is quite easy to win a few drop of sympathtic tears when it comes to claiming rights from the so-called communist regime.

To look at how western countries are doing in terms of dealing with conflict between public interset and private rights may offer some clue as to how complex the issue is and how China may learn from other countries' experiences.

Nobody is suggesting that simply because the US confiscates land from people, China is right doing the same thing.

That is just too simplistic a thinking.

PS, confiscate is not the right term, neither in the case of this Beijing family nor Ms.Kelo of New London

Tomorrow:

To Guo Hong,

Just a point of clarification -- no body in this world owns "full" property rights.

There are always limitations in terms of the legal definition of the rights an owner may have, and the way these legally defined rights may be used.

For example, there is a "depth" issue in play in terms of the extend to which the private ownership goes. In many countries, the legal defintion of property rights excludes the owner of a priece of property from claiming ownership of natural resources, such as water and oil underneath his/her property.

In the end, the world we are living in is an enclosed globe. So, if a property owner keeps digging, he will reach the other side of the ball and find the lands underneath his own property is actually owned by another person... just a simply illustration. .

It is certainly a common knowledge to many people that there is always a need for public intevention in terms of how a property may be used. For example, what kind of activities are allowed (or not allowed), and how high a building may be.

jong:

Folks: it is full of caveats and quite dangerous to compare what so ever in China with that in America or Europe. Americans are very soft to dogs and we spend thousands dollors on them. However we Americans (particularly whites) won't spend a penny on our parents and would let them die like lonly animals in nursing home. Chinese are too nice to their parents and we disagree strongly. Infeldilty is rampant in America, Canada and Europe. Studies have shown that 20% of fathers are bringing up kids (actually bastards) of infdelity unknowingly. We are nice people and we are one world/one family already in the west(That is why your one world one dream is too outdated). By the way, Johns and Smiths, who is your real daddy?

jong:

Folks: it is full of caveats and quite dangerous to compare what so ever in China with that in America or Europe. Americans are very soft to dogs and we spend thousands dollars on them. However we Americans (particularly whites) won't spend a penny on our parents and would let them die like lonely animals in nursing home. Chinese are too nice to their parents and we disagree strongly. Infidelity is rampant in America, Canada and Europe. Studies have shown that 20% of fathers are bringing up kids (actually bastards) of infidelity unknowingly. We are nice people and we are one world/one family already in the west (That is why your one world one dream is too outdated). By the way, Johns and Smiths, who is your real daddy?

John Smith:

Tomorrow: You are totally wrong. Whatever bad things US do, it is full justification for China to do a lot more worse. That is the universal truth and is the best defense for China for any criticism. You got to go with the program, as directed by the Party. It is a "US Too" party. Actually, since Bush has invaded Iraq, whatever China do, no matter how horrendous, it is justified. China is now free to destroy anything belonging to anybody by just invoking "US invaded Iraq".

jong:

John Smith: Chinese lacks ingenuity to lead American, even our white brothers in Europe in any fields. Please provide evidences when you say so. Seek truce in facts! Otherwise I view that as an insult to Americans.

On the other hand, I do have evidences to support what I said. Look around in China, everything they do is just reminding everyone of our great America. Wall Street Journal declared that China is the last piece of paradise for American republicans/capitalists. The Chinese are getting bigger/fattier just like we white men. Promiscuity, a hallmark of our white cultures, is staring to hold footings in China. We Americans are at least 30 years ahead of the Chinese.

Tomorrow:

Mr.Smith,

Tatally ... full ... universal ... best ... whatever ... no matter how ... anything ... anybody...

Could you find a dictionary and try to replace the words listed above ... with something a little bit neutual? ... unless you don't really care about your own credibility ... you certainly have the rights to not care about it... in the end, it is your own credibility, isn't it?

jong:

Let me share some white men’s ingenuity with the Chinese folks. Remember it is the inherited genes that determine who is going to excel in ingenuity, not just by some hard working habits.

Back in 1945 at the Doctors’ trial in Nuremberg, we white men encountered a bit headache when we tried 23 defendants (20 were medical doctors) accused of having been involved in Nazi human experimentation. Since the defendants’ lawyers pointed out that we performed similar human experimentation among prisoners in the states, we simply could not sentence them to death just because we were the winners and they were the losers. Our ingenuity came into play. We invented Nuremberg code, in which consent is the core concept and foundation for modern day human clinical experiments. We accused German doctors performing human experiment without consent from the victims and we sent many of these German doctors to death.

Just like Jefferson declaring men born equal while owning slaves and enjoying female black slave mistress, the U.S. Public Health Service (PHS), now called Centers for Disease Control and Prevention (CDC) conducted the Tuskegee Study of Untreated Syphilis in the Negro Male between 1932 and 1972. Of course there was no consent obtained from participating subjects. Several hundred black males with syphilis were enrolled with lies and not treated with Penicillin. We concluded at the end of study that without treatment syphilis indeed kills. This study is just one of many of our white men’s ingenuity at work.

Mr. Smith, please, shows your evidence that the Chinese excel the United States. I think they are genetically inferior compared to white men.

jecika:

It is very nice to see the house which is very wounder look. I like this type of house.
____________________
Jecika
Addiction Recovery North Carolina

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About The China Blog

Simon Elegant

Simon Elegant was born in Hong Kong and since then China has pretty much always been at the center of his life. Read more


Liam Fitzpatrick

Liam Fitzpatrick was born in Hong Kong and joined TIME in 2003. He edits Global Adviser for TIME Asia. Read more


Ling Woo Liu

Ling Woo Liu worked as a television reporter in Beijing and moved to Hong Kong to report for TIME Asia. Read more


Bill Powell

Bill Powell is a senior writer for TIME in Shanghai. He'd been Chief International correspondent for Fortune in Beijing, then NYC. Read more


Austin Ramzy

Austin Ramzy studied Mandarin in China and has a degree in Asian Studies. He has reported for TIME Asia in Hong Kong since 2003. Read more


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