公民力量简报* 2018年10月20日
民在违法，官在犯罪，路在何方？！
孙大午（大午集团公司监事长, 中国）
(该文由公民力量民营企业家维权协会推荐)
2018年7月25日，大午康养小镇7.7万平米的养老公寓，被徐水区国土局没收了，理由是：未批先建，违法占地！限期拆除，除没收上亿元的财产外，还要接受高额的罚款。
- 诡异的处罚
大午集团的生态养老中心，于2015年立项。2016年，徐水区区长、常务副区长、主管土地的副区长均作了公文批示：“同意，各部门给予支持，建设按程序办理。”2017年2月，徐水区土地局参与完成了项目选址和测绘。
之后，按照徐水政府和土地局的要求，我们补交了土地建设使用费4,151,250元。两年多过去了，养老公寓快建成了，徐水区国土局却给我们下了处罚决定书：“未经批准，非法占地，予以没收”。
大午集团是康养小区，是保定市委、市政府命名的首批“创建类特色小镇”，是大午三甲医院的后续工程，是造福社会的公益事业。
我疑惑不解的是：徐水区长是区政府的法定代表人，为什么区政府的公文批示不算批示？为什么大午集团交了土地使用款不起作用？为什么是建设用地，而且确实是“医疗康养”项目，符合国家的发展方向，却得不到认可？
徐水区土地局，以“中央巡视组督查、河北省土地厅督办”的名义，调动徐水区公安局局长、法院院长、检察院检察长，在摄像机下约谈大午集团的董事长和总经理，并威吓说“土地问题达到5亩以上就可以实施抓捕”，恐怖！
我们提起了行政复议，区政府维持了区土地局的处罚决定。现在我们起诉到了行政法院。但我们觉得，法院也会判我们败诉，因为有领导曾告诫过我们：法院和政府“联合办案”，政府怎么说，法院就会怎么判！所以，我们的行政官司能打赢的希望渺茫。
我们办了三年手续，没有办全，没收我们的财产，说我们违法占用土地、未批先建，这还讲一点道理吗？
- 小鬼作祟
徐水区土地局打着“中央巡视组督查、河北省土地厅督办”的旗号，没收了大午集团的财产。难道是中央领导人也有这方面的意图？我不相信这些鬼话。这是有小鬼在作祟，其根源就在于徐水土地局局长一人，我们在网上公开了实名举报：“强烈要求纪检委，查查这个土地局长”。快一个月了，击鼓鸣冤震天响，没人理会！
小鬼作祟，经常被揭露出来，他们身居要职，身价数千万、上亿元，他们的财产从何而来？从我们实名举报土地局长的案例中，应该可以看出端倪。小鬼就是民营企业的“黑白无常”，一两个小鬼就可以扼杀几千人的企业，小鬼作祟可以让社会永无宁日。
- 夹缝生存
大午集团创建于1984年，至今已经34年。当年，这里是一片荒滩，被称为“憋闷疙瘩”。不靠山，不靠水，可以说没有任何资源，从养1000只鸡、50头猪起步，滚动积累、发展成了今天的大午集团：员工6000余人，学校师生上万人。
2003年的事件，催生了2004年开始“私企立宪”制度，上至董事长、总经理，下至带班长，均以民主选举方式产生。我们实行全员“免费医疗”、“把最好的医院建在农村”、“以共同富裕为归宿”……积极纳税，守法经营。我们这样办企业，集团高层却被公、检、法“约谈”，甚至还要时刻承担着被抓捕的风险。
大午集团在夹缝中生存，一路走来，竟是三十多年的辛酸史，竟是六千多农民的血泪史。多年以来，不仅我们没有一分钱的贷款，政府部门也没有给我们办理过一寸的合法土地；这里也没有选出过一个乡级以上的人大代表。大午集团设有三个党支部，但从未发展过一个党员。甚至，我们集团的两任董事长，积极申请入党十余年，至今无人理会。
中央领导说“要解决实际问题”，那就请从大午集团开始解决吧！
- 路在何方
“以德治国”，我认为是圣人、知识分子的事。他们教化百姓“仁义礼智信，温良恭俭让”，老百姓懂吗？贪官污吏们讲“以德治国”，满口“廉洁奉公、仁义道德”，背后都是肮脏。
我也认为“以法治国”是政府、官员们的事儿。官员懂法，运用起来却是口含天宪，言出法随，“欲加百姓之罪，何患无辞”？！那些冲破围追堵截，无奈到北京上访的冤民，哪个没找过当地的政府、法院？
我最终认为，老百姓就认“理”，以前就知道“有理走遍天下，无理寸步难行”。但现在，在一些官员看来，认“理”的人，恰恰就是“刁民”。民讲理，官讲法，官民对立。民思乱，官维稳，怎么共度时艰？
大午集团养老公寓的土地问题，使我感到了恐惧。有人说，民营企业家都走在通往监狱的路上，没有好下场。可是，民营企业家的“罪名”大多是“莫须有”。我一不想移民，二不想搬家。我不知道民营企业的路在何方？
看国家大势，我可以乐观，也可以选择相信，但现实却是如此的荒唐、残酷。无奈之下，大午集团的高层达成共识：停止投资建设，暂缓发展。如果政府继续施压，希望政府要么像2003年一样，派工作组接管大午集团，要么我们自己宣布解散，让6000工人到政府去要饭吃！
可叹！民在违法，官在犯罪！谁能告诉我，企业怎么活下去，未来的路在何方？！
* 公民力量研究所不定期发表中英文双语“公民力量简报“（CPIFC Briefing Series）和“公民力量研究报告”(CPIFC Monograph Series)。前者是简明准确反映中国现实的叙述式或学术简报式的短篇文章，后者则是公民力量研究所有关中国的政治、经济、社会、文化、历史、宗教、国际关系、人权改善、民主变革战略等议题的学术性分析预测文章。
CPIFC Briefing Series* Oct 20th, 2018
The People are Breaking the Laws, The Government Officials are Committing Crimes, Where’s the Exit?
By Sun Dawu (Chairman of Supervisory Board of Hebei Dawu Group, China)
(This article is recommended by Chinese Entrepreneurs Rights Association)
On July 25, 2018, a 77,000-square meter senior nursing homes in the small town of Dawu Kangyang, were confiscated by the Xushui District Land Bureau. The account is that the buildings were built without approval, an illegal occupation of land. We were not only given a deadline to remove the buildings and had of hundreds of millions of yuan’s worth of property confiscated, we also had to accept high fines.
- Strange Punishment
The Ecological Center of Nursing Homes of Dawu Group was approved in 2015. In 2016, the district chief, the executive deputy district chief and the deputy district chief in charge of land of Xushui district, together made official instructions, declaring there was “consent, support from all departments, construction according to procedure.” In February, 2017, Xushui District Land Bureau participated in the completion of the project site selection and mapping.
Afterwards, according to the request of Xushui District Government and Land Bureau, we paid 4,151,250 yuan of use fees for the land. More than two years have passed, the buildings for the nursing homes are almost completed, but the Xushui District Land Bureau has given us a penalty decision: “without approval, illegally occupying land, shall be confiscated.”
The Dawu Kangyang Nursing Home project is one of the first batch of “Creative Featured Towns,” named by the municipal party committee and municipal government of Baoding. It is a follow up project of the AAA class of hospitals, and a public welfare cause for the benefit of society.
What I can’t understand is that, if the district chief of Xushui Government is the legal representative of the district government, why do the government’s official instructions not count as approval? Why did the government charge us the use fees for the land if it was illegal use of land? The land was planned for construction use, and it is indeed a healthcare project in line with the direction of the country’s development, why can’t be approved?
Xushui District Land Bureau, in the name of “Central Inspection Group’s supervision and inspection, Hebei Provence Land Department’s supervision,” mobilized the police chief of Xushui District Public Security Bureau, the chief justice of Xushui District Court and the chief procurator of Xushui District Procuratorate, to discuss about the chairman and president of Dawu Group under camera, threatened with, “land problems exceeding 5 mu, can be arrested.” This is horrible!
We filed an administrative review and the district government upheld the decision of the District Land Bureau. Now we brought the lawsuit to the Administrative Court. However, we feel that the court will also rule us out, because some leaders have warned us that if the court and the government “jointly handle a case”, the court will rule as it says! So there is slim hope that our administrative case will win.
We have been through the formalities for three years, but we have failed to complete the procedures, confiscating our property and saying that we have illegally occupied the land and built it without approval. How can anyone make sense of this?
- The Rats
Under the banner of “Central Inspection Group’s supervision and inspection, Hebei Province Land Department’s supervision,” Xushui District Land Bureau confiscated the property of Dawu Group. Is this the intention of the central government leaders? I don’t believe such nonsense. At the root of this is just one single person who is the managing director of Xushui District Land Bureau. We made a public report on the internet with real names, “strongly request the Discipline Inspection Commission to investigate this managing director of Land Bureau.” It’s almost been one month, but it seems no one cares!
The rats are often exposed to hold important positions, worth tens of millions of dollars. Where do their properties come from? From our real name reported cases of the managing director of Land Bureau, people should be able to see the clues. Villains are the “black and white impermance” of the private enterprises. One or two rats can stifle a business supporting thousands of people’s lives.
- Fight to Survive in a tight corner
Dawu Group was founded in 1984. At that time, it was located is a wasteland, known as “suffocating knot bumps.” There are no mountains, nor water to rely on. It can be said to have no resources at all. From raising 10,00 chickens and 50 pigs to start with, it has developed into to today’s Dawu Group with 6,000-plus employees and over 10,000 students and faculty members.
The 2003 event gave birth to the “private enterprise constitutional system,” and began in 2004. We offered free Medicare, built the best hospitals in the countryside, and shared prosperity. We pay taxes actively and operate in accordance with the law. We run enterprises like this, but our top executive members had to be invited for tea by the police, procuratorate and the court, and even bear the risk of being arrested.
Dawu Group survived through tough years. It was a bitter history of more than 30 years with blood and tears from more than 6,000 peasants. For so many years, not only we have not received any loan, the government has never given us one inch of legitimate land, nor did we elect a member of the People’s Congress above the township level. Dawu Group has three party branches, but never recruited a new party member. Even when two terms of our chairman of the board had actively applied for admission to the party for more than a decade, but no attention has been paid to them.
If the central government leadership said it wants to “solve practical problems,” then, please start with the Dawu Group!
- Where is the Exit?
“Governing the country by virtue,” I thought that is the business of the saints and intellectuals. They educate people with “benevolence, righteousness, propriety, wisdom, kindness, courtesy and thrift…” do the common people understand? Corrupt officials often speak of “governing the country by virtue.” Their mouths are full of words of “having integrity and working in the interest of the public,” and of being “benevolent and moral,” but in truth they are not clean.
I also thought that “rule by law” is a matter for the government and officials. The officials understood the law, but the use of it is pretentious. “If they want to add to the people’s sin, what’s the trouble?” Those who broke through the sieges and interceptions to petition in Beijing for their grievances, which did not have petitioned at the local governments and courts before?
In the end, I think, the common people would only accept the reasoning of “truth and justice.” Ancient people said, “being reasonable may thrive all over the world, being unreasonable may not leave home for one inch.” Now, in some officials’ views, the people who insist on reasoning for “truth and justice” are the troublemakers. The people care about the truth and justice while the officials only care about ruling. But their ruling is not based on truth and justice, and both sides diametrically in conflict. The people are trying to create chaos and capitalize on it, but the officials are taking pains to keep stability at any expense of the people. They are not in the same boat.
I was frightened by the land problem for the nursing homes. Some people say that all private entrepreneurs are on the way to prison, that not one may have a good end. However, most “charges” against them are false. I don’t want to emigrate abroad, nor move to anywhere, but I don’t know where the exist is for private enterprises.
Looking at the trend of the country, I may be optimistic. I may choose to trust the government, but the reality is so absurd and cruel. Helpless, the executive team of Dawu Group has reached a consensus: “stop investment, defer development.” If the government continues to press us, we hope that the government will send a working group to take over the business, like they did in 2003, or we will dismiss ourselves. Let the 6,000 workers to ask the government for their payrolls.
Alas! The people are breaking the laws, the officials are committing crimes! Who can tell me, how can private enterprises survive? Where is the exist to the future?
* Citizen Power Initiatives for China’s research arm Citizen Power Institute publishesCPIFC Briefing Series and CPIFC Monograph Series. The former are short essays or succinct scholarly articles that spontaneously reflect the realities of China while the latter are research reports on China’s politics, economics, culture, ethnicity, religion, civil society, human rights and strategies for its transition to democracy.
