The Governance Of Grey Game And The Realization Of Justice In Land Requisition And Housing Demolition

Along with the advance of urbanization, the scope of land requisition and housing demolition expands unceasingly, the involved numbers increase constantly, and the disputes frequently appear on the newspaper. But in some suburban “interest intensive” rural area along the southeast coastal in China, expropriation and demolition are different from the labels general media reported, such as “disadvantaged farmers”, “sanguinary conflict”, “collusion between government and businessmen”. It is a shortcut that local farmers achieve "great fortune overnight". This paper researched B village in A town of Hangzhou city as the object, find that due to local farmers’ ideas and the source of income changed, the alienation of abstraction collective-owned and property rights of land, the high requisition compensation and requisition and demolition system exists fuzzification, the farmers of B village show a "welcome" attitude of the land expropriation and housing demolition, and most of them hope to benefit from the requisition and removal.However, although the expropriation and demolition attitude of B village is different from the general media reports, and the whole process is relatively harmonious and stable, the grey game still became local normal because of the existence of characteristics of non-institutionalized and interest-oriented of the game between farmers and local government. To be specific, farmers make "benefit maximization" as the starting point, take the tactical means such as game with weakness, game with laws, and grasp government officials mistakes as far as possible to improve their compensation; while the basic-level government based on the dual goals of land finance and stability index take the non-institutionalized strategy, such as spend money to maintain stability, shelved reconsider, etc. From B village, it can be concluded that the problem won’t be solved from the root if government only increases requisition compensation constantly. As long as requisition compensation exists the "bargain", and the two sides continue to going with opportunism and strategic essentialism, the expropriation and demolition contradiction is bound to exist.If local government resolve disputes with strategic essentialism and grey ways, it will make a negative demonstration effect to the people who are expropriated and removed, intensify the grey game and result to the social disordered and injustice of the basic-level politics. Specifically, the basic-level government’s administer anomie, on the one hand, is rooted from the predatory development caused by "fiscal hungry" trying to "demolish a new China", on the other hand, is the pressure of maintaining stability based on "one-vote negation system" that limit the implementation of the violence. After farmers found the “bargain” space of the requisition compensation, due to the wrong demonstration of basic-level government and the lack of formal participation channels, the farmers follow the behavior of the basic-level government and take multiple measures to acting on the edge of the system more positively and fiercely. The final result of grey game, is the absence of political consensus, the chaotic phenomena of rural governance, the intensification of official-farmer antagonism and the divisions within the government.Fairness and justice is the primary value of the society. Justice in the game of land requisition and housing demolition contains equal principle and difference principle. The former emphasizes the each side’s status equality, taking into account both public rights and private rights and intergenerational fairness, the latter, against the consideration of utilitarian only aiming at the increasing interests of the whole society, highlights the concept of reciprocity, giving consideration to the relatively weak and extending preferential policy. In the field of the land requisition and housing demolition, because of the distribution and coordination of the interests, government should pay more attention to the justice. To be specific, government should express the equalization of public and private interests, the legislation of procedural operation, and the democratization of public participation. In the process of expropriation and demolition, the justice should not only reflect on procedure and form fairness, but also on entity and quantification fairness, and more to reflex the equality of the psychological and sensory of both side of the game. Based on this, we are eager to eliminate the operation space of grey game between farmers and basic-level government, ensure farmers participating standardized and orderly, and realize the fairness and justice of the basic political and social order. Combining with the deliberative democracy of Habermas theory, we should build a democratic participatory expropriation and relocation system, enhancing farmers’ participation adequacy in the overall process of requisition and removal, and making sure the implementation of farmers supervision, so as to maintain the justice in the expropriation and demolition game.In current society, it is normal to pursue interests. But it is necessary to stress that seeking and harmonizing interests should be operated under the framework of legal system. The goal of building a democratic participatory expropriation and relocation system is to advance the construction of administration according to law of requisition and demolition through opinion expression in the institution, the interaction of games, the coordination of interests and the resolution of conflicts. With the democratic participation of stakeholders, we can return to the demonstration effect of administration according to law, guiding stakeholders take decriminalized ways instead of the way of grey game, thus we can form spontaneous “path dependence” of democratization and legislation.