The food street corridor in Dongmencho, Luohu, which has existed for more than ten years, was recently demolished due to illegal construction, which attracted the attention of netizens.
Aoyi News launched a series of reports on this:
Dongmending Food Street to be demolished? Some merchants just renewed their contracts in January, and the official: it is an illegal construction and will be demolished according to law
"Shenzhen Dongmen Town" issued a document questioning the forced demolition, Luohu official: exceeded the declared scale and was used for operation
Focus on controversy
How to determine the nature of illegal construction?
After the fence, the WeChat public account of "Shenzhen Dongmending" once issued an article, questioning the coherence and continuity of administrative law enforcement by relevant departments. In this regard, the Luohu District Planning and Land Supervision Bureau replied that the scale of the Dongmending Corridor now exceeds the declared scale and has the problem of being used for commercial operations after expansion, and it has not yet obtained a planning permit for construction projects, and there are potential fire safety hazards, so the compulsory demolition procedure for the illegal building has been initiated in accordance with the law.
On April 18, the relevant person in charge of the on-site command of the illegal demolition of Dongmending Town told the Aoyi News reporter that according to the surveying and mapping report on the current situation of the corridor, the scale is 4.9 times that of the original declaration plan.
The person in charge further said: "The legality of the buildings in the urban planning area is the responsibility of the planning department, and the basis for legal construction should be to obtain the relevant approvals such as the planning permit for the construction project. In addition, the content of the reply from the original District Construction Bureau is the exterior wall renovation project, which has nothing to do with the corridor. ”
The reporter also noticed that in the information previously released by "Shenzhen Dongmending", a civil judgment dated June 27, 2011 showed that "the corridor of Dongmending Square is a municipal facility and is not an illegal building". In the case that the judgment has determined that the corridor is not an illegal building, can the relevant authorities consider the above-mentioned building to be an illegal building?
Mao Peng, a lawyer at Guangdong Shengdian Law Firm, said: "From the relevant content of the civil judgment, it can be seen that the reasoning logic of the Luohu Court's determination that the above-mentioned corridor is not an illegal building is that the expansion of the corridor is a municipal project, and the project establishment, design, and commencement of construction have all been approved by the relevant departments, so the building is not an illegal building." If the above reasoning process is relatively extensive, there is no problem, but under normal circumstances, to determine whether a building is an illegal building, it is not only to see whether there are problems with the establishment, design and start of the relevant building, but also to see whether the relevant building is finally constructed in accordance with the design standards and whether it can successfully pass the completion acceptance. ”
"If the above-mentioned corridor only has project approval procedures, does not obtain a legal planning permit, and does not obtain a completion acceptance report, then the relevant departments have a corresponding legal basis for determining that the above-mentioned corridor is an illegal building. Lawyer Mao Peng further added, "When there is a conflict between the views determined in the civil judgment and the provisions of laws and regulations, the provisions of the relevant laws and regulations shall prevail." If Zhaobangji is not satisfied with the opinion of the relevant departments that the above-mentioned buildings are illegal buildings, it can file an administrative reconsideration or administrative lawsuit, and request the Luohu Court to make a new determination and ruling based on complete and comprehensive evidence. ”
The reporter of Aoyi News tried to contact Shenzhen Zhaobangji Group Co., Ltd. through a variety of channels, but as of press time, no relevant reply has been obtained.
Netizens questioned
Why was it demolished after 15 years?
"Since it is illegal, why has it been built, and why has it even developed into a food street?" "Why has it not been demolished for 15 years and is suddenly demolishing it now?" "Support the law, illegal construction should be demolished, but why haven't the relevant departments demolished it for more than ten years?" Aoyi News reporter noticed that many netizens raised questions about the initial construction procedures of the Dongmending Food Street Corridor and the reasons for the current demolition.
"The corridor is located in the prosperous area of the Dongmen business district, with a dense flow of people, and once a fire accident occurs, it will greatly threaten the life and property safety of residents in the surrounding communities, tourists, consumers and legal shop owners. The relevant person in charge of the Dongmending Illegal Demolition Site Command told the Aoyi News reporter that the corridor was originally designed as an outdoor public road and fire lane, and the illegal expansion of the corridor gradually led to the width and clearance height of the passage being less than 4 meters, which could not be used as a fire lane, and there were serious fire hazards.
Expert advice:
The legality, reasonableness and urgency of the demolition should be comprehensively considered
"Eliminating fire hazards, restoring the public welfare function of municipal facilities, and protecting the public interest of society should be the benign purpose and key consideration of this law enforcement. Zang Jian, an expert in administrative law and a lawyer, said, "Judging from the available information, the construction of the corridor has certain rationality and government support factors, but there are procedural flaws in the construction process, and even there are violations of regulations and commitments for commercial operations. However, due to the fact that the Dongmending Corridor has a specific historical background, a large scale, and a certain function of municipal facilities, in addition to considering the legality of demolition, it is also necessary to consider the rationality and urgency of demolition. ”
Zang Jian suggested that if the potential safety hazards can be eliminated through rectification and strengthened management, and the public welfare function of municipal facilities can be restored, there is no need to completely dismantle the corridor; if there is indeed the urgency and necessity of demolition, in the face of social concerns, the reasons can be fully disclosed according to the requirements of "sunshine law enforcement", preferably including professional opinions issued by planning, fire protection and other related departments, "Strengthen the process of supervision, than the 'fines on escrow' for law enforcement departments have higher requirements, and law enforcement should be in accordance with the requirements of the principle of proportionality, considering social effects." ”
Latest visits
Merchants have largely withdrawn
On April 18, a reporter from Aoyi News visited the Dongmending Food Street corridor again, and it can be seen that the four-story building located between Blocks A, B and C of Nantang Commercial Plaza has been completely fenced off and is guarded by security. According to the relevant person in charge, at present, the merchants within the corridor have basically moved out, and the demolition work will be promoted in accordance with laws and regulations.
At the scene, two meters away from the fenced part, there are businesses operating normally. In the fenced-off area, some of the businesses have not been demolished. The reporter learned that the merchants that were not included in the demolition are the street merchants in the legal area, and they can operate normally in the future.
In the message area of the Aoyi News report, some netizens asked: After the demolition, what will the Dongmending Corridor area be used for? According to the relevant person in charge of the Dongmending Illegal Demolition Site Command, the Dongmending Corridor will be connected with the upgrading and transformation of the Dongmen commercial block after the demolition, and the overall area will be further optimized and upgraded.
Written by: Aoyi News reporter Zheng Shaochun