■ ask for the ground to tear open change lawyer 4 have new standard: Have special skill or knowledge; Have an attitude; Have public praise; Have the milk of human kindness
■ authority of the dimension that tear open change has a way; Compensation of high specified number has clever court
Nail door and other tear open change door between " compensation difference " a key that becoming dominant to ask for the ground to tear open change to move toward is variable. This one difference arose " of imparity set an example and force effect " . And clip centrally government and because lack,tear open the basic level government between change door " unplug nail " method, and answer this one predicament feebly. The result tears open change door everybody to contend for when nail door, in order to avoid oneself increase " relatively privative " .
Since entering 21 centuries, change the acceleration of the process as the city, the new heat that asks for the ground to tear open the Guan Min contradiction that change causes to make a society and the new central issue that common people thought fors the time being. To this, a kind of general point of view thinks, asking for the ground to tear open the interest of the imparity of the preexistence in change to allocate pattern is the system sex germ that brings about Guan Min to contradict. And the operation that asks for the ground to tear open each link in change from the standard on the system only, raise the compensation level that asks for the ground to tear open change considerably, let common people enjoy more benefits, ability dissolves contradiction, return people a harmonious society. Came on stage 2011 " house of state-owned land main rooms is collected with compensation byelaw " with what still be in the country that brew to ask for the ground to compensate new policy to abide by currently it is afore-mentioned train of thought.
Regard macroscopical system as the design, the premise of make a point of this one train of thought is asking for the ground to tear open change to compensate on the low side is to bring about Guan Min the inducement that contradictory frequency sends. This one judgement accords with our intuition roughly, but in microcosmic experience level, this one judgement needs us to do following examining minutely: The first, besides inferior compensation standard, whether to still have other the variable that brings about Guan Min to contradict? The 2nd, if be put in such variable, how does it produce effect? Whether to perhaps say basic level government has method to make its do not produce effect? Two afore-mentioned problems are by no means dispensable, because if exist,bring about Guan Min's contradictory more crucial variable, and the system that is us designs an oversight, its may be the failure that the system designs as a result; Even if just is put in another general variable that had be notted take seriously by us, also can have additional effect to current system design. Be based on this, the article will be main with respect to these two problems, combine me to be in mid some omits by a definite date of area of some county class the field investigation of 8 months talks about a law. Analytic discovery, nail door and other tear open change door between " compensation difference " a key that becoming dominant to ask for the ground to tear open change to move toward is variable. This one difference arose " of imparity set an example and force effect " . And clip centrally government and because lack,tear open the basic level government between change door " unplug nail " method, and answer this one predicament feebly. The result tears open change door everybody to contend for when nail door, in order to avoid oneself increase " relatively privative " . In practice, a variety of policy of mollification or of forced releasing lift, either encouraged nail door tangle make logic, it is aggravate the contradictory conflict in asking for the ground to tear open change. The national human relations in society that phenomenon of this one experience makes us ponder over transition period afresh and basic level administer means, latter is macroscopical system design in microcosmic experience level be able to " stand rise " social foundation.
The variety of logic: Deficient numerous not deficient one
How logic, it is a knowledge that common people tells an official. Ask for the ground to tear open change and character, logic is it is OK to find the space that rich weichis. Be in after all between the Bo Yikong in asking for the ground to tear open change which are the issue that a need settles in experience level above all, otherwise we cannot make clear Chu Guanmin both sides weichis around what rich after all. Undeniable, show some to ask for the ground to tear open change compensation is unreasonable, but whether is this the main reason that experience level brings about Guan Min to contradict? A very good counterexample is, in recent years, the compensation standard that imposes the ground to tear open change rises ceaselessly, but subsequently and the situation that the Guan Min that come contradicts to do not have pare however. Understand this problem to do, my this area to collect from 2006-2010 year contradict 114 times by Guan Min in all cause ask for the ground to tear open change to appeal for help case undertook an analysis. [2] result discovers very interesting and make me open-eyed unceasingly phenomenon: Appeal for help besides the person is in clearly appeal for help outside the hope is being mentioned to raise level of the compensation that ask for the ground in material, other great majority appeals for help whether does the contradictory and main concentration that stuff place reacts get compensating in oneself, and compensate (opposite other) reasonable on these two kinds of problems.
To this, the change be tearinged open that I visited place technically door. Gotten result is, "We are opposite generally the standard that tear open change is dissatisfactory, but reflective problem needs to have ' view ' . " here " view " , a folk adage that uses place is generalized even if " deficient numerous not deficient one. " more specifically, the level is low it is a general fact, what it is aimed at is all change that be torn open door, below this kind of circumstance, complain, croak, even call people names in public is very general, but accordingly challenge compensation standard succeeds hard however. Latter is very easy by " choke " go back: "Others does not have utter a word, are you blind whisperwhispering sound what? " but, if had such-and-such as consult content, that had " logic " space. This also explained why I often see in material " road east (south) resident got compensating, road on the west (north) resident did not get compensating " , " requirement treat equally without discrimination " wait for model of written characters. Because of here, luckily is not abstract any more " numerous " however specific " one " . It is same " old little man " , "Why you got compensating, and am I done not have however? " " why your compensation is tall, and is my compensation low? " these problems become a worry to be torn open change door, and dominant a of its action logic main factor.
So, be torn open can be change door taken " logic " what is there between Bo Yikong? In practice, land price is treat equally without discrimination, although people has dissatisfaction, but the leeway that did not challenge; Land area also is fixed, it doesn't matter can tell; The adjunct on the ground, for instance young crops, big canopy, tree is the first can " logic " place, but on the ground adjunct is executed after be responsible for a task unit until it is completed, because of everybody a price, everybody also often cans say nothing. Extremely individual planted costly economy crop, because this gets taller compensatory, because everybody looks,be in the eye, disagree hard also; Finally, the space that rich weichis basically is in everybody centrally valence watch is tall, on the house with individual bigger also otherness. And building of the change that be torn open, besides commodity house, major build a room to be put in problem of violate the rules and regulations oneself, this gives it is OK to tore open change heavily to increase again with respect to difficulty originally " break " variable. In practice, can " break " variable has the material that build a house and outfit foster cordial relations between countries bad, (violate the rules and regulations) area how many, utility of building a sector of an area, building is waited a moment. This among them, the material that build a house, outfit fosters cordial relations between states bad, can quantify, space of rich play chess is limited; Building a sector of an area finds price level not hard also; Building utility because of the person different compensation is different, using a person is the most general, there is weak and sick old person in the home, can borrow chance is much should a few, but space of rich play chess is not normally large. Extremely individual situation, the son that there is cerebral paralysis in the home for instance or cancered wife, need medical expenses of a huge sum, the interest that can hold oneself with this is the largest change, but itself of this kind of circumstance does not have catholicity, someone else cannot follow the lead of, compensation of harder also doubt is fair; With will breed commonner also, the difference that raises a creature according to place compensates each different. What I had seen one the most special is raised is carrier pigeon, on one hand carrier pigeon cannot easily adjourn, on the other hand carrier pigeon how appraisal does not have authoritative standard, the turn out is long procrastinate not definitely. This kind of state of affairs in be being carried out nevertheless is little little, considered a family final to win compensation of a huge sum, someone else often disagrees hard also. Great majority breed aquatics door those who raise is sheep of common gallinaceous duck pig. These breed aquatics door, because have those who look so that see really " thing " in, give some of compensation someone else to also do not have too big opinion more, the key sees each how does the home weichi each with governmental gain. Afore-mentioned existence between Bo Yikong, main with different sex is a feature, each situation is different, mutual between compare hard, but at the same time again what can place appear on the stage of the face " reason " , this is governmental minister its are difficult offerred to justify oneself on logic at least " view " .
In although ask for the ground,tearing open change can the reason of logic is very much, but making what the government headaches undoubted most is compensation of architectural of violate the rules and regulations, this is the long-standing problem that puzzles outskirts of a city and country to ask for the ground to tear open change in recent years. On one hand, structure of violate the rules and regulations is very common, if build a house oneself, and the lid gets the someone of a room, have violate the rules and regulations 100 percent almost. On the other hand, cause of formation of architectural of violate the rules and regulations is daedal, administer hard. Buildings of some violate the rules and regulations are really excusable, population was added to marry son's wife in the home for instance, do not have again redundant curtilage base, be forced to be built on the house of oneself, or illicit buy other curtilage base builds a house. Although this kind of rigid demand is not very much, but want somebody to open this build only, someone else follows suit. Reason very much the same, can not add population very fast now, did not marry son's wife now, pass two years to be able to be married. City canal manages feebly already, also pull no less than faces to manage. Gave this convenient, be about to go to the lavatory to that. Income of together with oneself is scanty, result corruption unavoidable, building of violate the rules and regulations also builds more more. Previously, people is not willing to spend money to do a legal procedures to building of violate the rules and regulations. In recent years, as ask for the ground to tear open change, the government gives again scarcely build a room to do oneself " registered permanent residence " , the structure that result even if considers to let his not violate the rules and regulations, also did not have a likelihood. Ceaseless somebody tears open together with because of building of violate the rules and regulations change becomes rich, bring about more people to follow suit invest kind of building, bring about finally now almost domestic home the situation of violate the rules and regulations.
"Violate the rules and regulations builds " the reason that your government headaches basically has 3: Above all, compensating violate the rules and regulations to build is almost a kind " empty-handed covers white wolf " buying and selling, follow the lead of person numerous, the government may pay high cost; Next, building of compensation violate the rules and regulations violates prevenient act this kind, to public letter of the government force is one big challenge; Finally, architectural of violate the rules and regulations exists generally, make compensation act of the government no longer to treat other it is OK when different sex problem to be found easily in that way use " items " . To this difficult problem, how does the government tear open solution?
Be forced to tell sth bit by bit and kind house: Of imparity set an example with force effect
Kind the house is not profitable at the beginning. Most begin, it is uniform that district government treats manner of architectural of violate the rules and regulations do not compensate. This is one kind contains chastening to handle way, because building of violate the rules and regulations has cost, even if it often is made fun of to call by people " underground does not have picket, the window is not had on the wall, the oar is not had in the brick, light is not had in night " " 4 without " product. But, this kind handles the people are boiling with resentment of means cannot sustain, have the person that appeal for help accordingly ceaselessly. Then, district government will not compensate instead to relieve. This is a kind of very dim view, the change be tearinged open that often made door just have, and be troubled by those who give more fiercely more, alleged " make have a bowel movement greatly definitely, small be troubled by Xiaojie definitely, do not be troubled by do not solve. Do not be troubled by do not solve..
This kind " be forced to tell sth bit by bit " the practice of type has two old corrupt practice at least: The first, it is tremendous harm to sincere letter of the government and authority; The 2nd, right other be torn open change door is one kind sets an example is to force even. Two addition, let be torn open on one hand change door thinks " the young son's wife with coltish like government, contradict oneself does not say, everybody can feel " ; The everybody in asking for the ground to tear open change circumstances to body part again on one hand forms a kind of aeriform pressure. Do honest person, eat economy not to say fortunately, be mocked possibly still; Do a nail door, already profitable, also can eliminate materially incur " relatively privative " brings worry. I am what this kind of phenomenon says " of imparity set an example and force effect. I am what this kind of phenomenon says " of imparity set an example and force effect..
Alleged " set an example " effect, because be in personally in the circumstances that asks for the ground to tear open change,be, everybody lies inevitably with other " collective is adjusted " (" Milling " ) and " the society is affected " (" Social Contagion " ) in the process. [3] because this, the behavior of nail door, can be someone else place very quickly witting. If say, people is right victory of nail door first time still contains suspicion and wait-and-see attitude, so as tear open change ceaselessly, the news that has nail door victory ceaselessly is transmitted, people is in for many times " collective is adjusted " the belief that pair of nail door can strengthen to be able to succeed ceaselessly in the process, and this kind of belief is delivered through all sorts of means between people, meet very quickly " infection " each person in handling this situation personally. So far, of nail door demonstrative effect begins generation and diffusing. Meanwhile, nail door victory still can bring pair of governments to be short of lose sincere letter and can the negative demonstrative effect of hijack, losing the resultant force of two this disappear the other party is chief kinds of demonstrative effect, make the everybody in handling the situation that tear open change personally begins itch to try.
Alleged " force " [4] effect, be the loaves and fishes that is short of estrangement to go up objectively by the behavior motive on view of householder of the change that be torn open " relatively privative " cause jointly. Above all subjective motive, below relatively good case, people may control oneself, alleged " gentleman loves money, take have " . Here " path " it is a kind objective and not the value with subjective move. Be in nevertheless experienced go ideological change, after commercializing the multiple severe test with materialize, the motivation that today's people receives more possibly is a kind of morality opportunistic, namely hasten benefit avoids kill, the action that ground of balance advantages and disadvantages, opportunistic type chooses him. Very apparent, the subjective motive with opportunistic morality wants flimsy at self-discipline, it more the heteronomy that relies on system sex, gain profit in improper behavior or can avoid from its when other namely at penalty, oneself also did not fulfill the sufficient motive of moral act. Conversely, if strict enforcement of orders and prohibitions, treat equally without discrimination, criterion oneself also can choose to perform moral act. Specific arrive kind of house, once always be somebody,gain profit successfully, its " set an example " effect can catch each person in handling the situation that tear open change personally, the motive that fulfills legal action to its arises " force " effect. Next, besides motive of this kind of subjective behavior, the change that be torn open door going up objectively of susceptive loaves and fishes " relatively privative " also be to be caused force the main factor of effect. In the process that tear open change, the change be tearinged open that bad news goes to from the back door can the house of commodity of displacement of area of violate the rules and regulations with oneself, and the change be tearinged open that early days change gives door can exchange the monetary compensation that is equivalent to cost with area of violate the rules and regulations only. Considering house of commodity of local average per capita all left and right sides of valence 3000/ square metre, and door all the fact that area of violate the rules and regulations controls in 50-100 square metre mostly, the change be tearinged open that early days change gives door likelihood the interest of incur " relatively privative " amount to ten to hundred thousands of. If consider be being torn open is farmer and small small retailer more in change door again, this kind " relatively privative " it is one of unripe savings almost. In so tremendous loaves and fishes " force " under, can defy do not do " nail door " is not a sage also can be idiocy only.
From this, "Of imparity set an example and force effect " completed the process that produces nail door. Very apparent, of the government " be forced to tell sth bit by bit " strategy is the main reason that causes this one effect. The problem depends on, the government is rational actor likewise, why can you choose such " lousy idea " ?
Both ends does not please: Place the basic level government of the inter
Explain why basic level government gives this a bad plan, we need " country, basic level government, citizen " tripartite is interactive frame, will analyse respective action logic and force contrast.
As regular constitutor, the regulation that national apt makes betrothal civilian is in office with safeguarding its lawful sex, but cannot bear again at the same time a large number of right person the reality that swarms into Beijing. Accordingly, through " apanage management " lamination of will contradictory layer goes to this the Incantation of the Golden hoop basic level. And this among them, basic level government can not resolve some contradiction, involve for instance ask for the ground to tear open change project to examine and approve the flaw that waits for link, the germ of the problem often is over there their ranking government and development business; Some contradiction are any governments are inextricability, for instance, individually the ask a price of all over the sky of nail door. In the meantime, to prevent the action of against the law of basic level government, the country conveys channel in ceaseless and expedite popular wishes while, be restricted ceaselessly again and manacle the influence of basic level government. The result is a country do people " family member " , and authority duty extremely of asymmetry " basic level government " often can choose to do people only " evil person " .
As regular rectifier, current masses is not collectivize times already mostly those need rely on an unit or the worker that communal ability lives and farmer. Go collectivize and commercialize make them fewer depend on cadre of fewer also and awe-stricken basic level. Came from plan of center benefit civil administration and law to also gift their more and the right that gain of basic level government weichis. More convenience fluidity makes what they can sheer basic level government easily firm accuse. In addition, come from media, NGO and fair know people support, make they find the ally of antagonism government very easily. Altogether, the today's change that be torn open door the citizen that has been close to modern country more and more on form and substance, having in their hand far more more powerful than before " influence " , this makes they had space of larger profit gain play chess.
As the regular person that carry out, basic level government resembles the with filling layer that a both ends does not please. On one hand, basic level government must finish superior to make the stimulative economy that manage at the same time development, raise the people the life, maintain what the society is stabilized and resolve social conflict all sorts of index, and these index are self-contradictory at all occasionally. Want economic progress for instance, be about capital attraction, want to raise the people to live to involve shanty town possibly to transform. And these projects need to ask for the ground to tear open change, and ask for the ground to tear open indulge involve huge increase to allocate, and interest reapportion brings about social contradiction necessarily. The place before be like is narrated, a little contradictory germ is absent basic level government, but a carring pole that resolves contradiction controls basic level government really again however. And on the other hand, as political pilot untie a person and economic society transition, masses is spent to the dependence of basic level government reduce considerably, place is customary before basic level government use processing resource and processing method are basic invalidation, and new method is in however the hands or feet that devotes oneself to to bind basic level government further. Afore-mentioned " country, basic level government, citizen " 3 person between the structural sex reason that when the change that influence concerns brings about basic level government to administer nail door just about, often is at a loss what to do.
More specifically, the strategy tearing open change of basic level government, was listed by media and academia seemingly a lot of, but before afore-mentioned structural sex changes, truly significant place remnant very few. We look above all " soft " politic. The most commonly used is " the relation is applied pressure " . But present tear open change door to do not have a few to be able to do a work by the favor of kin friend, relation only. Previously probably can, because the interdepend rate between person and person is higher,that is. More firm of a bit is " involve others in a criminal " , employ the relative that works in the government sector to do the work. But the thing arrived property of this one pace had changed, because succeed without giving thought to, this kind of politic essence is " the interest is exchanged " . If arouse,succeed, the relative keeps the job, will not come definitely preferment, this is opposite compensate at tearing open change losing; If arouse,fail, the relative was lost work or political future, but a brushstroke can be scooped up with respect to affirmation on the compensation that tear open change. Actually, "The relation is applied pressure " successful case, because existence interest is exchanged,also basically be, "The relation is applied pressure " it is method of a kind of demand a low price nevertheless.
As to what exchange without the interest " hard " the strategy that tear open change, the likelihood of be successful is less. Can use currently " hard " the method basically includes administration is detained and lawfully forced releasing. Administration detains time weak point, punishment is light, to nail door do not rise to deter action, fall easily instead next handle. Lawfully forced releasing faces very big risk likewise, a bad plan of be forced to do often is in practice. Accordingly, want nail door to be absent to weichi with governmental gain only " wirewalking " go out to enrol in the process, basically can achieve oneself satisfactory result.
Accordingly, look seem the multifarious strategy that tear open change, final and effective have only, use all possible step demand a low prices, the demand a low price does not square into beautiful money. This is a model " go regular " , decide interest allocation with the ability that make trouble namely. Result, the nail that makes trouble ably more door, obtain more likely the biggest the profit that turn. So far, in tearing open change, appeared to go regulation replaces bright regulation, the ability that make trouble replaces just phenomenon. Very apparent, such cut, certainly will is in nail door and tear open commonly imparity arises between change door. And such imparity, the place before be like is narrated, can tearing open then arise between change door " of imparity set an example and force effect " , the result is everybody is contended for when nail door.
Country and society: See two kinds of alternatives of the problem
Style or manner of writing so far, we settled two issues of article begin: The first, be torn open between change door " compensation difference " it is ground of another dominant ask forring the key of the trend that tear open change is variable, this is pure the question that raises the price that ask for the ground to be able to not be solved; The 2nd, current basic level government, be in " country, basic level government, citizen " in structure of 3 minutes of power, its " unplug nail " solve thereby " compensation difference " power natural resources is less and less, so that must employ threaten by force,add lure by promise of gain go regular.
The first problem explains, we are paying close attention to land interest how to should be mixed in the government tear open change door between distributive at the same time, if why tearing open change door,still must ponder over land interest between reasonable distributive method. Latter is not one wants to make cake only big, the problem that can solve naturally. Because even if is torn open the cake of that one part of change door is bigger, how to divide approvingly go down to remain a problem. Possible even because cake is bigger, can become more difficult cent. With respect to my observation, the country asks for the ground to tear open change in recent years, rise ceaselessly as what compensate price, family neighbors fall out becomes enemy be absent a few. A lot of moment, be being torn open cake is divided to be torn open than deciding the government is mixed between change door the allocation of change door scale provides a challenge more.
The 2nd problem explains, current government cannot finish this one job effectively. To this, the viewpoint thinks, means of cent cake optimal should let namely " the person that has cake " (society) oneself are divided, still have the word of dispute, resort " intercessor " (court) solve, and the government regards an interest as the related side, should nonintervention or little intervene.
However, the analysis before the article has pointed out, asking for the ground to tear open change is not minute of cake. Cake just solves volume problem. And (area) volume problem, just asks for the ground to tear open change to be solved the most easily, difficulty depends on various the space of rich play chess of a different sex. Legal regulation cannot consolidate a regulation and must master neatly among them a little, solve each domestic widely different for instance " be badly off " , and this place of Chinese national condition must face just. This is meant, even if had independence and authoritative judicatory orgnaization, face nail door, be afraid helpless also. Let him society digest these a different sex problem how? This is a kind of practice of the effective on the history really, is the problem today in that way " society " where? Of a few places tear open change to also try such doing really truly, the package tearing open change of will whole village is finished to village able person. The result often is gangdom intervenes afresh come in, dominant tears open the interest of change to allocate. This explains, have not health grows the society that rise cannot assume this job.
These reality are meant, in China existing national condition falls, basic level government is afraid hard ground of place oneself ask forring tears open change thing outside. Once court or social force are solved bad, gave an issue, return finally must the government comes deal with problems arising from an accident. Accordingly, how to allocate country and society to remain a problem that is worth to continue to think in the part in asking for the ground to tear open change and function. Look in me, the society can be supervised in hearing of witnesses, appraisal, media wait for a respect to produce its effect adequately, introduce judicatory program tearing open change also is a kind of beneficial attempt. In addition, how to locate the part of basic level government, gift the influence with its and proportional duty, also be a pressing issue. No matter China has in the history or instantly emphasize " achievements in one's official career is legal quality " traditional. "Achievements in one's official career is legal quality " basically reflect mix for the people's livelihood stable, and rather than is the election of program sex merely. Traditional times, if say we still have relatively powerful society force to help a nation,partake achievements in one's official career is legal sexual pressure, but today this kind of pressure is carried almost completely was in on the body of basic level government. To this, appeal or encourage social force grow and cannot be in short-term inside the function that supersedes basic level government, and the diversity of dispute of basic level society and trifling also not be the judicatory that formal reason changes can be solved. Accordingly, be in at least involve ask for the ground to tear open change on this kind of great the people's livelihood passing experience and the public general affairs with stable society, basic level government also should need action of wave of beard and hair.
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