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2009年12月1日,四川成都拆迁户唐福珍因抵制拆迁自焚最终抢救无效身亡。这是一个月内在中国土地上第二位以生命同强制拆迁相抗争的普通百姓。自强制拆迁制度实施以来,伴随着轰隆隆的挖掘机声,类似的悲剧一直在上演。在现行的拆迁机制面前,公民保护私有财产的权利、公民的身体健康乃至生命是那么微不足道。对于拆迁户来说,选择了自卫,也就等于选择了“对抗法律”;选择了妥协,也就等于选择了对公平和正义的放弃。面对强大的公权力,弱势的拆迁户只能成为中国城市化运动的牺牲品。我们谴责制造不公的拆迁机制,剖析拆迁户放弃生命前对社会绝望的心态,旨在唤醒社会对公民生命权、人格权等基本权利的尊重,改变已经严重扭曲的城市发展与公民合法私有财产保护之间的关系。唐福珍们用生命作为代价告诉我们,对强制拆迁制度的种种问题,已到了不重新审视不行的时候了。令人欣喜的是,强制拆迁制度的弊端已经引起了国务院的重视。由国务院法制办牵头,联合住房和城乡建设部、国土资源部、农业部、林业局等相关部委局组成的立法调研组,再次展开对《城市房屋拆迁管理条例》(以下简称“拆迁条例”)的调研。2003年,孙志刚用生命换得收容遣送制度的废止;2009年年末,自焚的唐福珍会不会成为又一个孙志刚,能否也终结屡屡肇事的强制拆迁制度?我们拭目以待。
On December 1, 2009, Tang Fuzhen, a relocatee in Chengdu, Sichuan Province, died of a final rescuing due to boycotting demolition and self-immolation. This is the second ordinary person in China who fights for life with forced evictions within a month. Since the implementation of forced removal system, accompanied by the rumbled excavator sound, a similar tragedy has been staged. In the face of the current demolition mechanism, the citizens ’right to protect private property, the citizens’ physical health and even their lives are so insignificant. For the relocatees, the choice of self-defense means that the law of “confrontation” has been chosen; if compromise has been chosen, the choice of giving up fairness and justice has been chosen. In the face of strong public power, vulnerable demolished households can only become victims of China’s urbanization campaign. We condemn the unfair demolition mechanism and analyze the despair of the relocated households before giving up their lives in order to awaken society’s respect for the basic rights such as the citizen’s right to life and personality and to change the severely distorted urban development and the protection of the legitimate private property of citizens The relationship between. Tang Fushen told us at the cost of his life that the various issues concerning the system of compulsory demolition had come to a re-examination. It is gratifying that the drawbacks of the system of mandatory demolition have drawn the attention of the State Council. Legislative study group led by the Legislative Affairs Office of the State Council, the Joint Housing and Urban-Rural Development Department, the Ministry of Land and Resources, the Ministry of Agriculture, the Forestry Bureau and other relevant ministries and commissions once again launched the “Regulations on the Administration of Urban Housing Demolition” (hereinafter referred to as “ ”) Research. In 2003, Sun Zhigang used life for the abolition of the system of detention and detention. At the end of 2009, Tang Fuzhen, who set himself on fire, would become another Sun Zhigang. Can we also end the system of mandatory demolition that has repeatedly been committed? We will wait and see.