Early Thistle Yan Chunqiu
Recently, the encounter of a private entrepreneur named Zuo Anyi has aroused the attention of Chinese public opinion.Caixin Weekly reported that in the past 20 years, Zuo Anyi felt that he had been fighting a hidden monster. The opponent hugged his throat several times.
60 -year -old Zuo An experienced the ups and downs of life: I started a business during college, and went to the sea after five years of work in the system.Now I am in trouble.
In 1996, Tianyuan, founded by Zuo Anyi, entered the Beijing Real Estate Industry.In September 2002, on the same day, several real estate projects in Beijing entered the substantial development stage. Zuo Anyi was arrested by the Harbin police and was sentenced to life imprisonment.
With Zuo Anyi's continuous complaints and attention from all walks of life, in September 2007, the High People's Court of Heilongjiang Province announced that Zuo An was not guilty.The court compensated 210,000 yuan (RMB, below, about S $ 42,000).
The five -year prison career made Zuo An a heavy loss.He was retracted by the Tianyuan Plaza project on both sides of the North Second Ring Road in Beijing, and the land use right was retracted by the Beijing Land and Resources Bureau. He died in Yuantai International Building in Beijing. Tianyuan Company lost nearly 4 billion yuan in assets and went bankrupt.
After the innocence was released, Zuo Anyi applied for the development of the Beijing Tianyuan Plaza project that was lost due to injustice.In August 2010, Beijing held a special conference with leaders of public, prosecutors, law, land, planning, development and reform, etc. The meeting decided to restore the rights and interests of Tianyuan Plaza, which was lost due to injustice, and will be restored.The square project is replaced into Tianyuanxiangtai project by the same agreement.
According to the requirements of government documents, Tianyuanxiangtai Company paid 1.193 billion yuan in land transfer funds by agreement transfer, and obtained all government approval and permits of the project development and construction.On October 10, 2016, Tianyuan Xiangtai Building completed the development and construction.Today, Tianyuan Xiangtai Building has become one of the iconic buildings in Beijing.
Zuo Anyi seemed to have come again, but his doom was over.In March 2017, Tianyuanxiangtai Company applied to the Beijing Municipal Planning and Natural Resources Committee (Beijing Regulations on Director) in accordance with regulations to apply for the relevant procedures for the Tianyuanxiangtai Building Real Estate Certificate, and was told that it was not allowed to handle it.The statement given by the person in charge of the Beijing rules of the rules is that during the recovery of the Tianyuan project, Zhou Yongkang, the former Secretary of the Central Political and Legal Committee, was instructions, which was an illegal approval.
Zuo Anyi emphasized that he and the big tiger Zhou Yongkang did not do anything. In 2010, Beijing resumed the legal and compliance of the Tianyuan Plaza project that he lost due to injustice.However, the person in charge of the Beijing rules committee also proposed that Zuo Anyi's injustice was caused by Harbin judicial organs. Beijing has no obligation to restore the rights and interests of the Tianyuan project.The land transfer fee is 1.48 billion yuan.
Chinese well -known law experts Ying Songnian, Ma Huaide, Jiang Mingan and others believe that Beijing officials resume Zuo Anyi's right to the Tianyuan project due to the injustice is legal obligations and responsibilities;There is no reason for the Beijing rules to make Zuo Anyi pay the land transfer fee by the billet and hanging method.
The relevant procedures for the real estate certificate of Tianyuan Company have been cut, causing Tianyuan Company's business to be paralyzed. The company has to bear the interest of nearly 500 million yuan in bank loans in one year. New tenants of Tianyuan Xiangtai Building cannot be settled. The annual rental losses are about 300 million yuan.Moreover, there is no real estate certificate to apply for mortgage loans, and the bank has prepared to seize and auction of Tianyuanxiangtai Building.
Zuo An, who had no desperation, sued the Beijing West City Court in July last year that the administrative behavior of the Beijing rules committee was illegal, but was rejected by the court.Zuo Anyi and Tianyuan Company are on the verge of bankruptcy.
The success and failure of Zuo Anyi, struggle and dilemma, is the portrait of a private entrepreneur in the tide of reform and opening up with the traditional system with handcuffs and dancing, which also reflects the difficulties and difficulties of China to protect private property rights and improve the business environment.
Since last year, in response to the phenomenon and remarks that bothering private enterprises such as the retreat of the country and the retreat of the country, and the exit of private economy, the senior management of China has repeatedly declared the legitimate rights and interests of the property rights of private entrepreneurs, and the localities have competed to introduce some policies and measures to protect the development of private enterprises.The property rights cases involved in private entrepreneurs in the text, Gu Chujun, Xu Ronghua and other private entrepreneurs have also been rehabilitated or sentenced. Private entrepreneurs claim to celebrate this and re -ignition the future.
However, Zuo Anyi's encounter showed that the predicament of the property rights of private entrepreneurs was far from eliminated.The deep reason is that the governance of people in Chinese social governance is still strong, and the factors of rule of law are still fragile.Officials must stabilize the expectations and confidence of private entrepreneurs, realize those who have constant production and perseverance, not only to further establish and improve the protection system of private property, but also need to compress the space for human treatment and implement the system.
