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陆丰市乌坎事件情况(Debriefing of Wukan Incident)
时间:2011-12-16  录入员:莫笔弘   阅读数:[21549 ]  文章来源:本网讯  字号:T | T

  一、事件简要经过
  9月21日上午,广东省陆丰市乌坎村400多名村民因土地问题、财务问题、选举问题对村干部不满,到陆丰市政府反映情况,经陆丰市领导接访并给予明确答复后,村民自行散去。下午,部分村民在村里及村周边企业聚集、打砸、毁坏他人及公共财物,冲击围困村委会、公安边防派出所。22日上午,部分村民组织阻挠、打砸进村维持秩序民警和警车,六部警车被砸坏。对此,汕尾、陆丰两级党委政府高度重视,及时采取措施处置。与此同时,汕尾派出工作组到陆丰督导,陆丰市、东海镇组成工作组进村做工作、回应诉求、维持秩序,22日晚事态平息,23日村内恢复了正常秩序。
  11月中旬,在工作组正在调查解决诉求过程中,少数村民在互联网上帖出“‘乌坎村村民临时代表理事会’计划组织村民于21日游行上访,并请中外记者报道”的帖子,事件出现反复。对此,汕尾、陆丰两级党委政府迅速部署防控措施,13个工作小组进村入户,做好对群众的劝说工作,大部分村民接受劝说。但是,11月21日10时35分,400名左右的乌坎村民再次聚集陆丰市政府门口,至11时26分,上访村民自行离去。当天下午及第二天,为引起媒体关注,组织者又策划、鼓动了几次村内聚集活动。事件发生后,汕尾和陆丰市两级党政快速反应,进一步采取措施加快解决村民合理诉求,全面进村入户做村民工作。经劝说,部分村民态度发生转变,11月24日生产生活秩序恢复正常。26日,村里的白布标语、大幅宣传画被村民自行拆除,过程没有发生过激行为。
  从整个事件发生经过看,事件诱因主要在村内矛盾,大部分村民的诉求还主要指向村内的经济问题,村民的不满主要是针对村党支部和村委会,特别是任职多年的老支部书记薛昌。目前,村民的合理诉求已全部得到落实,事件正在依法处置当中。
  二、乌坎村民的诉求及解决情况
  乌坎事件的起因,主要是村民对村内利益等问题提出的诉求。为此,从9月25日,陆丰市成立解决乌坎村村民诉求工作领导小组,制订解决乌坎村村民合理诉求工作方案,全力做好村民诉求解决工作。目前已完成了如下几项工作:
  (一)关于财务审计问题
  通过对乌坎村所属的乌坎港实业开发公司1993年—2011年9月的财务情况以及乌坎村委会2008—2011年6月的财务收支进行审计,发现存在着以下问题:出让集体土地使用权没有履行合法手续;村委会用薛昌个人的名称购置小车一辆,购车款在村集体资金列支;超标准开支接待餐费,财务管理不健全,支出单据大部分为收据或自制零星单;将集体土地出让款作为企业经营利润分配红利;没有合法手续购置小车2辆;不符合制度规定购买手提电话机6部;原村委会主任陈舜意重复补助社保费;用港方投入资本金支付旅游费用;欠缴土地出让款71650元。
  (二)关于土地问题
  调查组根据群众的反映,重点调查了丰田畜产有限公司、亿达洲集团公司、合泰实业、南海庄园、富荣纺织厂5家企业的用地情况。通过调查,合泰实业、南海庄园、富荣纺织厂等3家企业的用地符合规定并已办理了手续;亿达洲公司存在着欠缴土地补偿款的问题;丰田畜产有限公司虽已办理了国有农用地使用证,但村民要求收回土地使用权。经过努力,落实完成了相关工作:
  1、亿达洲集团公司欠款问题。经进一步核实,该公司欠缴土地补偿款432万元,目前,该公司已将欠款432万元汇入到陆丰市国土资源局的账户。
  2、丰田畜产有限公司用地问题。陆丰市委、市政府已经决定:暂冻结丰田畜产有限公司与碧桂园项目的合作事宜;由陆丰市政府主导进行规划并征得大多数村民同意后再调整其农用地性质进行开发;由汕尾、陆丰两级监督该土地的处置,确保群众利益不受损害。
  3、宅基地问题。村民关注的宅基地问题已得到了初步解决。由陆丰市政府牵头,市国土局和东海镇落实,在该村北侧,规划10万㎡土地作为宅基地。目前,已经完成了选点、测量和规划等前期工作,市国土局制定了《乌坎村农村宅基地审批有关规定及做法》发放到村民手中,并已接受住房困难群众的申请。
  4、关于村民反映的其他违法用地问题。由于涉及的时间长、宗数多、资料不全,目前正在加快进度、加大力度进行调查取证。接下来,将根据调查结果,依法依规进行处理。
  (三)关于选举问题
  根据调查组调查,乌坎村今年的换届选举工作按程序进行,从2月24日选举以来,省、市、镇各级选举机构都没有收到任何来信来访或以其他方式反映该村选举过程中存在舞弊和违法问题。陆丰市民政局已按规定向当选的村委会成员发了当选证书。对于村民意见较大的村委会部分成员,如发现确实有问题,将依法罢免,并按程序进行缺额选举。
  (四)关于扶贫助学问题
  针对村民提出的贫困学生上学难问题,陆丰市政府已向社会各界筹集资金200万元,并已拨到乌坎学校,建立了乌坎村教育基金会,制定了扶助的条件和标准,乌坎村党支部已向村民发放了《乌坎村贫困家庭子女助学金申请审批表》,接受群众的申请登记。
  (五)关于丰田畜产有限公司对乌坎港的污染问题
  已查清丰田畜产有限公司的污水有经过处理,符合环评标准,同时经过处理的污水也没有向外排出。
  (六)对违纪干部的处理问题
  根据审计结果,11月1日,东海镇党委对存在违纪问题的乌坎村党支部书记薛昌、副书记陈舜意予以免职处理,并接受陈舜意辞去村委会主任的申请。11 月17日,陆丰市纪委对薛昌和陈舜意进行了立案查处。12月14日,陆丰市纪委已批准对乌坎村涉及违纪的个别中共党员干部采取“双规”措施,加大对违纪的查处力度。
  三、陆丰乌坎事件5村民涉嫌犯罪被刑拘
  据陆丰市公安机关透露,陆丰市乌坎事件自九月份发生以来,已先后有庄烈宏等5人涉嫌犯罪被公安机关刑拘。
  经悉,被刑拘的犯罪嫌疑人庄烈宏、薛锦波、张建城、洪锐潮、曾昭亮等5人,都是陆丰东海乌坎人,均系乌坎9月21、22日发生的打砸毁坏他人及公共财产、妨碍公共秩序系列案件的积极参与者、组织挑头者,皆涉嫌故意毁坏财物罪。其主要犯罪事实是: 9月21日下午,上述人员煽动、纠集部分村民围堵乌坎村委会,并组织、带领打砸合泰工业园、丰田畜牧场等行为,毁坏公私财物价值达210多万元,已涉嫌构成毁坏财物罪。
  庄烈宏、薛锦波、张建城等三人还于9月22日,带领部分村民围攻乌坎边防派出所,用石头、棍棒等攻击民警,砸坏警车,阻碍公安机关依法执行公务,造成多名民警受伤,多辆警车受损,已涉嫌构成妨害公务罪。
  此外,曾昭亮等还涉嫌其他犯罪行为。
  经审讯,该5名犯罪嫌疑人对上述犯罪事实供认不讳。
  四、被羁押嫌犯薛锦波死因调查及其他四名被羁押嫌犯的有关情况
  12月11日上午11时许,羁押在汕尾市看守所的犯罪嫌疑人薛锦波因身体不适被紧急送往汕尾市逸挥基金医院救治,经抢救无效死亡,医院出具的死因诊断为心源性猝死。
  汕尾市公安机关及时通知死者家属,安抚家属。当日,汕尾市检察机关即介入对薛锦波死亡原因的调查,并委托中山大学法医鉴定中心对薛锦波的死因进行第三方鉴定。
  经中山大学法医鉴定中心专家对尸表进行检查,情况如下:1、死者颈项部、背腰部及四肢背侧未受压部位的广泛紫红色改变,为尸斑;2、体表未见明显外伤,未见骨折征象;3、口唇、指甲床紫绀,符合猝死的一般病理改变。中山大学法医鉴定中心副主任罗斌认为,薛锦波死因可排除外力致死的说法。薛锦波2010年5月12日在北京第二炮兵总医院动过手术,当时患有胃食管反流病、支气管哮喘、慢性胃炎等疾病。薛被羁押期间,家属经允许曾把用于治疗哮喘病、心脏病的药物送入看守所。检察机关正继续依法对死因作进一步深入调查。
  12月13日,经公安机关允许,张建城、洪锐潮、庄烈宏、曾昭亮等四名犯罪嫌疑人的亲属分别到汕尾、深圳、广州三地看守所探望了被拘人员。汕尾警方在网上公布的探视现场录像显示,四名犯罪嫌疑人的身体和精神状况没有异常。

 

 Debriefing of Wukan Incident

1.Brief Introduction of the Incident
In the morning of September 21st , 2011, over 400 Wukan villagers gathered at the Lufeng municipal government building and expressed their discontent toward village officials on land dispute, village finance and village election etc. These villagers left the building on their own, after they were assured by government officials of further investigation.
On the same afternoon, some villagers gathered again at the village and started to attack public buildings, including the village government office and a local police station. They rampaged through the streets and damaged public and private property deliberately. On the morning of September 22nd, 2011, police officers who tried to enter the village and maintain order were confronted by some of the villagers, policemen were beaten and six police vehicles were destroyed.
Shanwei and Lufeng governments immediately took active measures to deal with this incident. Shanwei sent a special work team to oversee the handling of this incident. Lufeng City and Donghai Town governments also sent teams to the village, communicated with the villagers and tried to maintain order at the village. On the evening of September 22nd, the situation stopped deteriorating, and the village returned to normal on September 23rd.
In mid-November, when the special work team was investigating villagers’ appeal, some villagers posted a message on the internet that “Wukan Village Temporary Council Committee plans to organize a petition demonstration on November 21st, calling for attention from both domestic and international media.”  The table had been turned.
Responding measures were promptly taken by both the Shanwei and Lufeng governments. Thirteen work teams were deployed to the village and made door-to-door communication efforts with local villagers for a peaceful resolution. Most villagers were willing to accept the advice at that time.
However at 10:35 a.m. on November 21st, more than 400 Wukan villagers once again rallied outside the Lufeng Municipal Government building untill they left at 11:26 a.m. on their own. A couple of villager rallies were also organized to draw media attention.
After the incident, Shanwei and Lufeng governments took rapid response to settle on reasonable demands of the villagers. Some villagers started to change attitude, and orders were resumed normal at the village on November 24th. Banners and big posters were removed by villagers on November 26th, and no violence occurred.
After reviewing the entire incident, it can be seen that the main cause is the internal village conflict, in particular the financial issue in the village. Villagers are discontent with the village officials, and especially Xue Chang, a senior Party branch secretary. To date, all the reasonable demands of villagers are met, and the rest of the incident will be dealt with in strict accordance with law.
2.Villagers’ Appeals and Solutions
Wukan incident was triggered by the unsettled rightful demand of villagers in regard to the interest of the village. Lufeng City set up a special work group to make sure villagers’ reasonable demands are all met; work has currently been done as follows:

2.1Financial Audit Issue
After serious review of the financial status of the village-owned Wukan Development Co. Ltd. between 1993 and September 2011, as well as the financial revenues and expenditures of Wukan Village Committee between 2008 and June 2011, the following issues were found:
●legal procedures were missing in the sale of collective owned lands;
●Xue Chang used the village money to buy a vehicle that was put under his name;
●excessive expenditure on reception meals, inadequate financial management and handwritten receipts being treated as formal invoices;
●the sum of collective land sale was treated as the earned profit of the village-owned company, which was further distributed as dividends;
●legal procedures were missing in the purchase of two vehicles;
●village officials violated the related rules and purchased 6 cell phones;
●Chen Shunyi, the ex-director of village committee claimed social security benefits for multiple times;
●village officials used the investment money from Hong Kong enterprises to cover their own travel expenditure;
●71,650 yuan of land sale was unpaid.

2.1Land Dispute
In accordance with the information gathered from the villagers, thorough investigations were carried out on the following 5 enterprises of their land uses, including Fengtian Livestock Production Co., Ltd., Yidazhou Group, Hetai Corporation, Nanhai Garden and Furong Textile Factory.
Investigation shows that the land uses of the flowing 3 enterprises met the relevant regulations and all the required procedures were taken, including Hetai Corporation, Nanhai Garden and Furong Textile Factory. Yidazhou Group hadn’t paid land compensation. Fengtian Livestock Production Co., Ltd. took all the required procedures to obtain a state-owned agricultural land use permit. However villagers required to reclaim the using rights of the land. The work group made the following progresses:
●Unpaid Compensation of Yidazhou Group
After investigation, Yidazhou Group should have paid a land compensation of 4.23 million yuan. To date, Yidazhou Group has transferred the amount to the bank account of Lufeng Municipal Bureau of Land and Resources.
●Land Use by Fengtian Livestock Production Co.,
Lufeng Government made a decision to suspend the cooperation between Fengtian Livestock Production Co., and real estate developer Country Garden; Lufeng Municipal Government will play a leading role in the planning and design of this land, and carry out the future development plans with the agreement of most of the villagers; In addition, Shanwei and Lufeng governments will supervise the use of this land, so as to avoid the impairment of benefit to villagers.
●Rural Residential Land
Rural residential land is the most concerned issue of Wukan villagers, and it has been properly handled. With collaborated efforts from Lufeng Municipal Government, Land and Resource Bureau and Donghai Town, a land of 100,000 square meters at the north of the village is set aside for future rural housing projects. To date the selection of location, measurement and planning of the land have been completed. The Land and Resources Bureau compiled policies and procedures for Wukan villagers to apply for the rural residential land, and distributed leaflets to every household in the village. In addition, the Bureau started accepting applications from housing-needy families at the village.
●Other Illegal Land Uses
Villagers also voiced complaints on other illegal land uses. Due to the time length, a large number of the cases and inadequate proof of evidence, extra time and efforts will be required for a thorough investigation. The relevant government units have accelerated their investigation efforts, and will act in strict accordance with law when investigation finding is finally made.

2.1Village Election
According to the investigation team, this year’s village-level general elections proceed as normal, and governments at different levels did not receive any complaint in regard to the unfairness of the election and other illegal behavior. And Lufeng’s Bureau of Civil Affairs has distributed the certificates to those newly elected officials. As for those village committee members with majority discontent by villagers, Lufeng government will carry out investigation on them and remove them from office as stipulated by law, in the event that their illegal behaviors were found. In addition, a by-election will be carried out to fill in the vacant positions.

2.1Poverty Alleviation and Student Grant
To facilitate students with financial difficulties to attend school, Lufeng government has allocated a special fund of 2 million yuan to Wukan schools and set up a Wukan Education Fund. Relevant standards on poverty alleviation and student grant were also been drafted, application forms on student grant were also distributed among Wukan villagers.

2.1Pollution Caused by Fengtian Livestock Production Co.,
After investigation, it is found that the waste water by Fengtian Livestock Production Co. has been properly handled and met the environmental evaluation standard, and no leakage of treated water was found.

2.1Village Officials with Disciplinary Misconducts
Donghai government decided to remove Xue Chang and Chen Shunyi, Director and Deputy Director of Village Party Committee from office on November 1st, 2011, and accepted the resignation of Chen Shunyi as Director of the village committee, as they were found with disciplinary misconduct. On November 17th, Lufeng government has placed on file for investigation and prosecution against Xue Chang and Chen Shunyi. On December 14th, Lufeng government authorized to take legal action to detain and interrogate village officials with disciplinary misconduct. 

2.Five Villagers Held in Police Custody as Criminal Suspects in Lufeng’s Wukan Incident

According to Lufeng City Public Security Organs, since September of this year when Lufeng’s Wukan Incident broke out, five villagers including Zhuang Liehong had been held in police custody as criminal suspects.  
Sources say, the detained criminal suspects Zhuang Liehong, Xue Jinbo, Zhang Jiancheng, Hong Ruichao and Zeng Zhaoliang come from Wukan Village, Donghai Town, Lufeng City. They actively participated and led villagers in a series of cases, including smashing and destroying public and private properties, as well as offending public order on September 21st and 22nd in Wukan. They are suspected of committing the crime of intentional property damage. The main facts of the crime are:  in the afternoon of September 21st, the above-mentioned suspects instigated and mustered some villagers to besiege and intercept the village committee, organized and led the smashing of Hetai Industrial Park and Fengtian Stock Farm. The loss caused by the damage of public and private property exceeded 2.1 million yuan. They are suspected to constitute the crime of destruction of public property.    
Zhuang Liehong, Xue Jinbo, Zhang Jiancheng had also taken the lead in besieging Wukan Frontier Police Station, assaulting policemen with stones and sticks, smashing police vehicles, and hindering the enforcement of official duties the public security.
Policemen were injured and police vehicles damaged during the incident. They are suspected to constitute the crime of obstruction of official business.
Moreover, Zeng Zhaoliang et al are also suspected of other criminal activities.
During interrogation, the five suspects confessed to the crime of the above. 

2.Coroner’s Inquest over Xue Jinbo’s Death in Police Custody and Related Information of the Other Four Suspects    

At about 11 a.m. on December 11th, Xue Jinbo in Shanwei Detention House felt ill and was immediately sent to Shanwei Yihui Fund Hospital. Hospital doctors later pronounced the man dead despite frantic efforts to save his life. The cause of death offered by the hospital was sudden cardiac death.   
Shanwei Public Security Organs immediately informed and consoled the family of the deceased. The same day, the Shanwei Procuratorate investigated the cause of death and assigned the Forensic Examination Center of Sun Yat-sen University to examine the cause of death as a third party.      
The Forensic Examination Center of Sun Yat-sen University examined the corpse surface, and here are the results:
●the reddish purple changes on Xue’s neck, back, waist and the back of his limbs that were not pressured are livor mortis;
●no apparent signs of assault or bone fracture were found on his body;
●the cyanosis of his mouth, lips and nails belong to pathological changes.
Deputy Director of the Forensic Examination Center of Sun Yat-sen University Luo Bin had excluded the possibility of traumatic death. Xue Jinbo had operations in Chinese PLA Second Artillery General Hospital, Beijing on May 12th, 2010. He was diagnosed with gastroesophageal reflux disease, bronchial asthma, chronic gastritis and other diseases. While Xue was held in custody, his family was allowed to deliver medicines on the treatment of asthma and heart diseases to the detention house. Procuratorate authorities are legally carrying on the investigation into his death.             
On December 13th, with the permission of public security organs, the families of the four suspects Zhang Jiancheng, Hong Ruichao, Zhuang Liehong and Zeng Zhaoliang visited them in Shanwei, Shenzhen and Guangzhou’s detention houses respectively. Shanwei Police released the live recording of their visits online. The physical and mental conditions of the four suspects are normal.


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