My family used to own the Yongmin Industrial Art Company, a privately owned business in Jilin Province, the Peoples Republic of China. My mother, Yong Tian Ma was the legal representative of this company. In the year of 2001, the Changchun Demolition Office and Changchun Nanguan District Court colluded with the Jilin Xinpeng Real Estate Company, to illegally enter the production area, forcibly dismantle the workshop, and remove 788 items and destroy 62 other pieces of property.
My mother sued the government and the real estate company. Even though my mother won the case, the government ignored the judgment. My mother has been appealing for ten years and has been through all difficulties. The issue has not been resolved because the local government officials deny any responsibility. Recently, my mother was arrested without any reason when she went to Shanghai to attend the Expo, which shocked my family.
A chronological detail of these events follows below:
Mar. 15, 2001. Changchun City Development Building Demolition Administrative Office (hereinafter referred to as “Demolition Office”) illegally issued a “Property demolition permit” to Jilin Xinpeng Real Estate Development Company (hereinafter refer to as ‘the Developer’). Our company was not in the area of demolition, but the Demolition Office enlarged the land area without authorization and put my family’s company into the demolition area and issued a “Limited-time Moving Notice” to my family on Sep. 11, 2001, which ordered our company to move away without providing any compensation or relocation. This action had no legal basis. It was a clear collusion between local officials and business interests to forcibly rob people of their property.
Sep. 14, 2001. My family submitted an application to Changchun People’s Government Administrative Reconsideration Office review of the case. On Sep. 20, 2001, the Reconsideration Office issued a “Notice for Stopping Implementation”, which clearly stated that “Because this decision has applied the wrong regulation, it would result in serious loss to the applicant.”
Oct. 12, 2001. The Demolition office, Court of Nanguan District and the people’s Nanguan District Court hired, as well as the real estate company and hired surrogates, illegally entered our factory without any permission, forcibly threw my grandma and my one and half year old brother to the street, and occupied our company’s production area, demolished the workshop and took away 788 pieces of products, destroyed 62 pieces of products. All the files including company contracts, account books and invoices were destroyed. My grandma was so traumatized that she had a stroke and is now paralyzed in bed for many years. My younger brother developed epileptic seizures short after the incident.
My mother could do nothing but bring up the suit to the court based on the facts that we own a legal business license, Tax certificate, property certificate, land use certificate and the production area. Nanguan District Court ruled against my family in the first trial.
Nov. 4, 2002. The Changchun Intermediate People’s Court ruled in favor of my family in the second trial. In the “Administrative Judgment” (2002) Chang-Xing-Zhong-Zi No. 183, it decided that, it was illegal for the Demolition Office to have issued the “Building Demolishment Permit” to the Developer as the Developer hadn’t provided a construction land approval document, proof of funding for relocation or proof of funding for project construction. (Judgment attached) It ruled the City Demolishment Office had broken the law, and the Nanguan District Court had made a false judgment, which was overturned. It was also decided that he real estate company had illegally dismantled the building.
May 26, 2003, The Changchun Government Economic Development Environment Improvement Office and Law office of Changchun Government together issued “2002 Administrative Implementation Mistakes”(2003) Chang-Zhen-Ban-Fa, which circulated 9 misjudged cases. Our company’s case is one of them.
July 2009. (October 1, 2009 is the 60 year celebration of the founding of China), Changchun City major, Jie Cui ordered the public security to arrest my mother, and to put her into prison for two years. I don’t know what law my mother has broken.
April 9, 2010. My mother took the train and went to Shanghai to attend the Expo. Right after she got off the train, before she even exited the train station, she was arrested by the Shanghai local policeman for the reason that she was appealing her case. After that, four Changchun policemen escorted my mother, a 50-year-old woman, back to Changchun City. And now she is still being administratively detained at the Changchun City Chaoyang District police station.
Summary. The Demolishment Office is a government department with a function of carrying out the regulation and supervision of demolition projects. This department broke the law six times when dealing with my family’s company’s issue (1. It illegally issued the property demolish certificate; 2. It illegally issued the limited-time moving notice; 3. It illegally issued the judgment; 4. It enlarged the demolishment area without authorization, which caused the loss of national land of 7018 m2; 5. It illegally dismantled our factory and took away products without legal procedure; 6.It illegally colluded with officials from provincial Industrial and Commercial Bureau and made alteration on our company’s business license). Therefore, law is useless in Changchun City. The law executor has become the law breaker. The law breaker become the law executor. When the government broke the law and the people brought lawsuit to the court, it faced a court more corrupt than the government. Take my family’s case as the example, Nanguan District Court did not give a fair judgment, on the contrary, it colluded with corrupt government officials and provided all kinds of fake evidences stamped by the court. The government and the court do not follow the law, do not correct the illegal actions and break the law. During the process of appealing, my mother’s freedom had been limited many times by the government and the court without any reason, and had been summoned by the public security illegally. It has been ten years since my family’s property was illegally robbed. We have not received any compensation. And now my mother’s right of appeal had been denied by the Changchun government.
May 12, 2010
Yang Haihan
319 N. Huntington Ave., Apartment #C
Monterey, Park CA 91754