从大同的拆迁看--------中国的法制建设9----民众的觉醒 Judging from the Datong Demolition -------- China 's Legal Construction 9 ---- People' s Awakening

转民遥

山西大同：《民告官》
古城拆迁价太低，室内装潢不补偿。
文化旅游政府牌，官商勾结刮地皮。
“消极空间”起个名，二次拆迁把民欺！
古城御东仁和仿，房价万元还在涨！
地方政府乱规划，新房变成棚户区！
耄耋老人真可怜，十年新房强征拆！
与民争利瞎评估，逼的百姓北京访！
凤凰嘉园小皮巷，数百业主健步走！
行动一致猎豺狗，计划精细似围狼！
大同人民真齐心，朔州法院民告官，
民官对薄公堂上，依法维权政府慌！
面对铁证审判长，包公是否又坐堂?
官司输赢不重要，拖他三年又何妨。
古城住户人心齐，给房给钱都不搬！
就地安置小别墅，就近全要四合院！
持节云中歌我辈，不畏强暴扬风尚！

The ancient city demolition price is too low, interior decoration is not compensated.
Cultural tourism government license, officials scrapping scraps of land.
"Negative space" from a name, the second demolition of the people bully!
Imperial East Renhe imitation, the price of 10,000 yuan still up!
Local government chaos planning, new homes into shanty town!
耄 耋 elderly really poor, ten years new house strong requisition demolition!
Assessing blindly with the people and compelling people to visit Beijing!
Phoenix Jiayuan small leather lane, hundreds of owners walking!
Action consistent hunting dog, plan fine around the wolf!
Datong people really together, Shuozhou court people sue,
Civilian officials on the thin court, according to the government rights activist panic!
In the face of the trial licensee, Bao Gong whether to sit down again?
Lawsuit win or lose is not important, drag him three years why not.
Residential heart of the ancient city of Qi, do not give room to move money!
Local resettlement villa, all near the courtyard!
Holding Festival songs in my generation, fear violent style!

http://tieba.baidu.com/p/5480818678
大同吧
Henryla
市政府被告上法庭】拆迁补偿条例不合法

http://tieba.baidu.com/p/5482727990
大同吧
DT帅哥
民告官：山西省大同市凤凰嘉园222户业主起诉大同巿政府拆迁

https://tieba.baidu.com/p/5481140104
爱我大同吧
阿斯顿维拉时代
民告官，凤凰家园拆迁补偿问题与市政府对簿公堂

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拭目以待，如果业主们胜诉，那可开创大同法律新时代了。市政府类似诉讼将大量出现，民众维权意识大大加强。

法官挺客观的，对老百姓有利的问题毫不避讳地问政府

下回再开庭，换一个专业律师，在法庭上话不再多，但句句要说到点子上！首先，我们不同意拆迁，我们住的好好的不愿意拆迁！第二，你非要拆，但你定的拆迁补偿条例，一不合法，二不合乎市场规律！补偿太低！太原一个老农民拆了人家一个院，给了六百多万，等于老汉种二百年的地，能不愿意吗？大同房龄短的楼房，一听说拆迁，都哭了！真是政府的悲哀！

把老百姓都赶岀古城，指望那些买千万四合院的人，让古城活起来，火起来吗？没有人气，古城怎么能活起来、火起来？什么是人气？老百姓才是人气，不是那些买千万四合院的！那些人，一年在大同也住个了几天！所以说，古城不能离开老百姓，这种拆迁最好停了吧！知错必改，善莫大焉！

不论结果如何，起码是个好的开头、哪像以前某某在的时候，根本不受理

支持老百姓，拆迁老百姓都拆穷了

快乐的交流电: 祸国殃民的感觉

这个必须支持一下。如果胜诉了那影响太多人了，给大家争取到了更多的补偿款。

耿彦波早就该坐牢，国法规定先安置再拆迁，到他这就强拆，5年都给不了房子安置。

这下全国都知道大同十年拆迁补偿的真相了

无论结果如何，都是公民社会的进步。

多会儿苍蝇老虎没有了这官司就能打赢了

加油！向杨乃五与小白菜一样不屈不挠告到底，看看法律到底对于老百姓持何种态度。

不管谁胜出，说明社会在进步，依法治国不是梦想！顶一个，赞双方，就看法院如何依法判决调解了

这是大同市法制史上的一声春雷，一切有良知而希望国家富強民主的人们都应该为之欢呼！在我们这个封建意识浓厚的国度，自古以来就有″衙门朝南开，有理没钱莫进来"的经验告诫，这与今天面对大十字街民告官有网友的″告也没用"论同出于一个类型的生活经验。这既反应了我们坚持以法治国的难度，又反应了以法治国的重要！倘若老百姓受了何等冤屈都不进衙门求诸法律，那我们的法制国家梦牛年马月才有希望实现？所以，我们应对炸响这声春雷的仁人志士们致以无限的敬意！

我就发现大同吧里奴才是真的多，跪的时间太长，都不会站了。自己还是个奴才的命，天天还替主子操心。

不管结果如何，这毕竟是大同百姓法治维权的一个里程碑，大同从来都是逆来顺受再加上网络上的政府舆论引导，让这样里程碑似的法律诉求被一群舆论引导员习惯性的又开始打上刁民的字眼。大同百姓只能无私奉献牺牲小家为大家，似乎冠上一切为大同发展就是高尚正道。想想根源为什么？不外乎大同近一年多的房价暴涨，谁是背后的操盘手大家心知肚明。就拿最后这次12月拍卖地王来说，内里人谁都知道好大一盘棋，拉高预期给下一步的政策调控预留下行空间。这次政策调控的力度之大前所未有，以为那些冠名的大房企都没有地域风险评估吗？是的，这个地王拿到背后的附加条款交易勾兑又有谁知，那些数字是给老百姓看的，目的不过就是让老百姓从内心认为大同房价就应该涨，涨的合理。判断一个城市房价是否有炒房团炒做或背后操盘只需看两个条件，这是公认的标准。第一，是否二手房价与现有新房房价倒挂，第二，是否市郊与主城区房价倒挂，用心看看大同是什么

有氧健身操: 回复 亲个蛋儿龙龙 :我曾经也是拆迁户，并且是第一批拆迁户深爱这座城市，想当支持建设我们大同，一腔热情义无反顾无条件服从政府的规划搬迁只为有个美丽大同，这么多年过来，渐渐的领悟到何为大同的经营城市，城市经济不振，老百姓生活成本增加，从房价无厘头的暴涨中渐渐醒来了，一场赤裸裸的戏

滝谷㊣源治: 回复 有氧健身操 :城市以人为本，富裕大同不是光政府富裕，老百姓富裕那才叫富裕大同。

有氧健身操: 回复 滝谷㊣源治 :是的，理想大同。政府有他的雄伟蓝图有时候老百姓也真的是作茧自缚。例如，现在去御东接盘的有不少是拆迁户，爆发户心理作祟。明知道御东是大量的外来资金在炒盘准备洗劫大同人，政府也将这大量外来热钱套在了御东，为什么老百姓还要跟风御东？就让这些热钱为大同城建做贡献多好

法盲和无脑人还真不少，建议你们学一学国家征收条例再喷

城市的发展不能靠政府炒地皮掠夺民财来发展的

大同人已经被十年违法拆迁**了大脑神经，看看周边城市张家口、集宁、朔州丶忻州、太原的拆迁补偿就知道喷子的幼稚和无知

本是平城一书生: 不说别的，法庭审判长多次很惊讶的问：“你们大同拆迁不分层次？”为这个审判长点赞！！！不管结果如何，这个审判长敢说话，多次问的政府哑口无言

高价收女吧友: 回复 本是平城一书生 :间接进行了普法，让人们知道了要开听证，要有专项资金等等。

胳膊扭得过大腿？要想有个公平公正，各方都感到满意的结果。除了闹大别无他法。只能想办法把这个事情推上热搜，然后让一部分官员，开发商吐出来一点好处给业主。这样的小打小闹想有个结果。天真。开发商能拿一笔钱买水军引导事情真相，业主能？

支持凤凰家园的业主们！ZF有点时间就不能给大同引进点实体企业吗？就扯淡，玩儿的一手好拆迁！有本事把那类似富士康那实体企业给咱引进它个5.6个！那房价涨涨，我还觉得应该，**啥贡献不做，天天扯淡，拆迁拉高房价！

走快活去: 顶个，实业没来几个，房价倒是坐上火箭了，

说明老百姓的法制观念加强了，估计够呛官官相护

货币环境发生变化，信贷环境不复以往，政策环境仍在趋紧，市场的情绪也从恐慌趋于冷静，虽然部分地区楼市依然坚挺，但房价持续上行的动力已经不复存在。

所以，对于那些缺乏产业和人口支撑的、没有经济基本面的城市来说，一切都还刚刚开始。

多米诺骨牌效应会发生吗？

支持业主用法律手段维护自己的合法权益 希望人们的政府在一切利益面前首先想到的是广大人民的利益 并且是一个依法执政的政府

你用不着给政府吹喇叭，你看完整的视频，原告本来的诉求就是不折，所谓那些数字只是证明拆迁违法的证据链的一环。老百姓已经看明白了，只要房子交出去了就是待宰的羔羊。要房要钱得等猴年马月了，跳得欢也无妨，良心别让狗吃了

支持楼主维权！

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Keep in sight, if the owners win, it can open a new era of law. A large number of similar lawsuits will appear in the municipal government and public awareness of safeguarding their rights will be greatly enhanced.

The judge asked the government without any reservations as to the objective and favorable to the common people

The next session of the court, for a professional lawyer, the court is no longer words, but the sentence should be said on the idea! First of all, we do not agree with the demolition, we live in a good unwilling to demolition! Second, you have to demolish, but you set the demolition compensation Ordinance, an illegal, two do not meet the laws of the market! Compensation is too low! An old farmer in Taiyuan demolished a courtyard and gave more than six million people, which is equal to two hundred years of old man kindness. Would you like it? Datong short-lived buildings, heard demolition, all cry! Really is the government's sadness!

Put all the people to catch the ancient city, expect those who buy a million courtyard, so that the ancient city to live together, fire it? Not popular, how can the ancient city of life, fire up? What is popular? People are popular, not those who buy millions of courtyard! Those who live in Datong a few days a year! So, the ancient city can not leave the people, this kind of demolition is best stopped! Wrong must change, good Mo Yan!

Regardless of the outcome, at least a good beginning, which as before when certain, simply do not accept

Support the people, demolition of people are demolished poor

Happy exchange of power: disastrous feel of the country

This must support it. If you win the favor that too many people, for everyone to win more compensation.

Geng Yanbo had long been in jail, national law and then resettlement relocation, to him that demolitions, 5 years can not give the house placement.

This time the whole country knows the truth about compensation for demolition in Datong in the past ten years

No matter what the outcome, it is a civil society progress.

The flies tiger can win later without this lawsuit

Come on! Like Yang Nae-wu and cabbage, persevere in the end, to see what kind of attitude the law in the end for the common people.

No matter who wins, that society is progressing, rule of law is not a dream! Top one, like both parties, to see how the court ruled that mediation

This is a spring thunder in the history of the legal system in Datong. All people who have conscience and hope that the country is rich and powerful should all cheer! In our country with strong feudal consciousness, since ancient times, there has been an excuse of "the Yamen is facing southward and there is no money to come in." This is in contradiction with the "useless report" of netizens in the Great Cross today Out of a type of life experience. This reflects not only the difficulty of adhering to the rule of law but also the importance of governing the country by law. If people are not subjected to any injustice into the Yamen seeking legal advice, then our legal system will have the hope of realizing the dream of a horse in January? Therefore, we should pay tribute to the benevolent lords who explode this sound of spring!

I found Datong it is much more in the slave, kneeling for too long, will not stand. He is still a slave's life, every day for the master worry.

Regardless of the outcome, this is, after all, a milestone in safeguarding the rule of law in Datong, and Datong has always been the subject of political guidance along with the government on the Internet. Letting such landmark legal claims be started by a group of public opinion leaders, Words. Datong people can only sacrifice sacrifice for small home for everyone, it seems that all the top crowning development is noble and fair way. Think about the root causes? Nothing more than Tatung nearly more than a year of soaring house prices, who is behind the Trader we all know. Take the last of this auction in December to the king, insider who are good at a big game of chess, pulled up is expected to give the next step of policy control reserve downside. The intensity of the policy control of the unprecedented, that those who do not have the title of big room for regional risk assessment? Yes, the king to get behind the additional terms trading blending who knows, those numbers are for ordinary people to see, the purpose is to let people from the heart that Datong house prices should rise, rise reasonable. To determine whether there is speculation in a city real estate speculators speculation or behind Trader only need to see two conditions, which is recognized as a standard. First, whether the second-hand housing prices and the existing new home prices upside down, and second, whether the suburbs and the main city upside down prices, and look carefully Datong what

Aerobics: Reply pro-egg Dragon: I was once also a relocatee and was the first relocatee to love this city and wanted to support the building of our city Datong, a passionate unconditional obedience to the government's plan Relocation For a beautiful Datong, so many years come, and gradually realize what is the Datong business city, the urban economy slump, people's living costs increase, rising from the nonsense house prices gradually wake up, a naked play

滝 Valley ㊣ source governance: aerobic exercise Reply: Urban people-oriented, wealthy Datong is not rich in light government, people wealthy That wealthy Datong.

Aerobics: Reply 滝 Valley ㊣ Source governance: Yes, the ideal Datong. The government has his majestic blueprint Sometimes people are really cocooned. For example, there are a lot of relocated households in Tokai to access the plate. Ming know Royal East is a large number of foreign funds in the fried dish ready to ransack Datong, the government will also be a large number of external hot money set in the Royal East, why ordinary people have to follow the trend of Royal East? Let these hot money to contribute to Datong city construction how good

Law and blind people are a lot of brainless, I suggest you learn a nation-state regulations and then spray

The development of cities can not be exploited by government speculation in land grabbing

Datong people have been illegally demolished 10 years ** brain, take a look at the surrounding cities Zhangjiakou, Jining, Shuozhou, Xinzhou, Taiyuan demolition compensation to know the childish and ignorant spray

This is a flat city a scholar: do not say anything else, the court presiding judge repeatedly very surprised to ask: "You Datong demolition is not hierarchical?" Praise for the presiding judge! ! ! Regardless of the outcome, the presiding judge dares to speak and the government which has repeatedly asked is speechless

Bargain-hunting female friends: This is a reply Pingcheng a scholar: Indirectly carried out the law, so that people know to open hearings, there must be special funds and so on.

Arm twisted over the thigh? To have a fair and just result that everybody is satisfied with. In addition to fooling around Only think of a way to push this hot search, and then let some officials, developers vomit out a little benefit to the owners. Such a small fight want to have a result. Naive Developers can take a sum of money to buy water navy to guide the truth, the owner can?

Phoenix home owners support! ZF a little time can not be introduced Datong Datang Entity? Just nonsense, good play demolition play! Have the ability to Foxconn that it is similar to the entity to introduce it to us a 5.6! That house prices rose, I also think it should be, ** Han contributions do not every day nonsense, demolition pulled prices!

Go happy to go: the top, the industry did not come to a few, but the price actually get on the rocket,

That people's concept of the rule of law strengthened, it is estimated enough to choke officials Guanghuang

As the monetary environment changes, the credit environment is no longer the past, the policy environment is still tightening, and the market sentiment tends to be calm from the panic. Although the real estate market in some areas is still strong, the upward momentum of housing prices no longer exists.

So for cities that lack industrial and population support and do not have economic fundamentals, everything has just begun.

Will the domino effect happen?

Support owners to use legal means to safeguard their legitimate rights and hope that the people's government in the face of all interests first of all is the interests of the general public and is a government in accordance with the law

You do not need to trumpet the government, you see the full video, the plaintiff's original appeal is not folded, the so-called figures that are just a proof of demolition chain illegal. People have come to understand, as long as the house handed over is the lamb to be slaughtered. To have room for money and other monkey year of the month, jumping too happy, conscience do not let the dog eat

Support the landlord rights!

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好，不远被人任意宰割的人们，拿起法律的武器保护自己的合法权益，

维权说得挺好，感谢现在的依法治国哇，当年拆我们家的时候，谁也不敢去上述，估计这个官司能赢

是啊，好多话都是咱们想说的，要是这场官司人民赢了，那以后就有个先例了

丽君838: 错了，是政府无赖，政府先把学校这些迁移走了，拉低房价，然后拆迁，以后如果都这样拆迁，能有几个给好好补偿的

1本案是行政诉讼应是原告和被告代理人，而法庭上布置的铭牌上却标着公诉人，辩护人，这是刑诉的布置和称谓。2原告没有打官司的经验证据颇多却不能突出重点，还得法官替他总结，要是请个律师效果就会更好。3根据古城内拆迁后建的四合院的售价，两万五的要价是有理有据的。4被告代理人明显有着丰富的庭审经验，言简意赅，以不变应万变。

我认为原告诉求应是：1依法拆迁。2原址回迁。3相同地段搬迁。4予以楼层差价补偿，地段差价补偿。5予以装修损失补偿。

他们方向没错，套路也对，就是找不到突破口，太业余。

一个标志性的事情

N_rom: 他们在里面提的，有些不合理，但有些很合理，比如装修损失很合理。此事情要价二万多一平这个不太合理（因为本地属于四五线城市，区域经济情况摆着那，况且城墙内以多元开发拉动文物修复），但是有的要素已经戳住官府软肋。上面要是按照规则要求走，有些方面咱们本地已经不太符合规则了。

装修、楼层、房价补偿。先补偿后拆迁，先安置后拆迁。拆迁执行通知、评估、听证、公示流程。不安置尾房、偏房、角房、残次房，安置区域新建房充足自选。原告其实想要这些。
按照御鑫亮城2011年落成，房屋产权年限70年，百姓入驻已减少6年。这种房子不叫存量房，属于闲置待售房，按照商品房处理规则，就是人们挑的剩下的，都要以几折便宜出售残次房或非优房。

外地真正的正儿八经的拆迁楼房补偿是有拆一平米楼房补一平米楼房，补偿被拆迁者房屋装修部分损失（就是装修价乘折损年限），居住者当年购买该房所付的楼层价，被拆迁房屋现地段按比例和新旧程度补差价。

对方所提到的知识点外地都很正常现象很符合拆迁规则，只是咱们本地人民也需要接受一下，或者当哪天拆你家或你亲戚家的楼房，你也会觉得补偿合理是妥当的。这件事唤醒了沉睡的民众，不要太无私奉献，当你拆迁负债就知道还是补偿得合理最好，虽要支持城市发展，但也得符合游戏规则，而不是人民群众不顾自己的权益，被动的接受一切不太妥当的安排。这件事情中，除了要价不合理，要素都合理。

比如一个家装修花了十多万，折损后还是有几万的，不要安置房直接以现金补偿值三千块一平米把全国任何专业的评估公司请来就是一场笑话啦！
真正评估精准测算价格也比三千高得高。
需要的话把全国三流评估机构请来也比三千一平米高的高。

阿斯顿维拉时代: 说实话闹一下也不错，确实把市里的人拆穷了，院子不算平米，下房或小房、车库都给一些补偿少的可怜都不算平米。你看看农村怎么拆;上房、下房、碳房、院子全算平米几乎每家都最低2套房，像他们父母的房那时村里不缺地都批的很大、院子都大，拆迁时候那个不都是七八套房这是少的。

大同更有名了，老鳖姓也终于敢于维护自己的合法权益了！千万别像和平里那样拖了好几年最后不了了之！

支持维权，地价635万一亩，房价都快一万了。那么好位置，原地盖起来的楼盘卖多少钱每平米？

不拆谁家房子谁不知道苦，普通人一辈子能买几次房。古城是稀缺地段资源，不可复制，有兴趣的可以问问云路街的房子卖多钱

原来的拆迁户也应该追加补偿

不管他们的诉求是否合理，这个官司的出现本身就是一种进步，是法治的进步，关注结果

Well, people who are arbitrarily slaughtered not long ago pick up legal weapons to protect their legitimate rights and interests,

Defenders right very good, thanks to the present rule of law wow, then demolished our house, no one dared to go to the above, it is estimated that the lawsuit can win

Yes ah, so many words are we want to say, if this lawsuit won the people, then there is a precedent

Lijun 838: Wrong, is the government rogue, the government moved these schools first go away, lower housing prices, and then demolition, if all such demolition later, there are several to give good compensation

1 In the present case, the administrative proceedings should be the plaintiff and the defendant's agent, while the nameplate on the court is marked as public prosecutor and defender, which is the layout and appellation of criminal proceedings. 2 The plaintiff did not litigate the case of a large number of empirical evidence can not highlight the key, but also for the judge to summarize him, if a solicitor will be better. 3 According to the price of the courtyard houses built after demolition in the ancient city, the asking price of twenty-five is reasonable and reasonable. 4 The defendant agent obviously has a wealth of experience in the courtroom, succinctly and concisely.

I think the plaintiff should be: 1 demolition according to law. 2 site relocation. 3 the same lot of relocation. 4 floor difference compensation, lot margin compensation. 5 to be renovated and lost compensation.

Right in their direction, routines are right, that is, can not find a breakthrough, too amateur.

An iconic thing

N_rom: They mentioned in the inside, some irrational, but some very reasonable, such as renovation loss is reasonable. It is not reasonable to ask for more than 20,000 flats (because the cities belong to the fourth and fifth tier cities, the regional economic situation is there, and the multiple development within the city walls is driving cultural relic restoration). However, some elements have already stamped the weaknesses of the government. If the above rules in accordance with the rules go, in some ways we do not meet the local rules.

Decoration, floor, house price compensation. After the first compensation for demolition, relocation after the first placement. Demolition implementation notice, assessment, hearing, publicity process. Do not repose the tail room, partial room, angle room, disabled room, resettlement area new building adequate choice. The plaintiff actually wanted these.
In accordance with the Royal bright city was completed in 2011, housing ownership 70 years, people have settled down 6 years. This house is not called the stock room, are idle for sale, according to the rules of commercial housing, that is, the people pick the rest, have to sell a few fold cheaper room or non-superior housing.

The real compensation for demolition of buildings in the field is to demolish one square meter of building for one square meter and compensate for the part of house demolition loss (that is, the renovation price multiplied by the number of years of demolition). The residents purchased the floor Price, the demolition of the existing housing is the proportion of new and old areas to make up the difference.

The other side of the knowledge points are very common in the field are in line with demolition rules, but we local people also need to accept what, or when the day demolition of your home or relatives of your building, you will find it reasonable compensation. This incident awakened the sleeping people not to be too selfless. When you demolished your debts, you know or are compensated reasonably best. Although you support urban development, you have to comply with the rules of the game instead of ignoring the interests of the people in your own hands. Accept all improper arrangements. This matter, in addition to the asking price is unreasonable, the elements are reasonable.

For example, a home decoration took more than 100,000, after the loss there are tens of thousands, and do not resettlement housing directly to the cash compensation value of 3,000 square meters to any professional assessment of the country invited to come here is a joke it!
The real assessment of accurate estimates of the price is higher than three thousand high.
If necessary, the third-rate assessment of the country invited to institutions than the high level of three thousand one square meters.

Aston Villa era: To tell the truth downtown trouble is not bad, indeed the demolition of the poor people in the city, the yard is not square meters, off the house or small room, the garage gave some compensation for the pitiful are not square meters. Take a look at how the demolition of the rural areas; on the room, the next room, carbon room, the yard full of almost all of the lowest two suites, such as their parents' room at that time there is no shortage of land are large, the yard is large, That time is not all seven or eight suites which is less.

Datong is more famous, the turtle name finally finally dared to safeguard their own legal rights! Do not drag it for years like peace in the end!

Support rights, land 6350000 acres, nearly ten thousand of the price. So good location, in place to cover the sale of real estate how much money per square meter?

Who do not remove the house who do not know the pain, ordinary people can buy a few times life. The ancient city is a scarce lot of resources, can not be copied, interested can ask the cloud Street Street house to sell more money

The original relocated households should also be additional compensation

Regardless of their claims are reasonable, the emergence of this lawsuit itself is an improvement, is the progress of the rule of law, concerned about the results