Chapter 19 county magistrate accused

——In the Yiyang area of ​​Hunan Province, a case of the county magistrate being accused was once a sensation. Let us see how this drama came about. On December 8, 1988, Xi Tieliang, the magistrate of Taojiang County, Hunan Province, was presenting his opinions further in his office with several deputy county magistrates to finalize a new plan for agricultural reform in the county.He just came from several villages yesterday. In the past few days, he has not had a good meal or a good night's sleep.At the meeting, he could hardly hold on several times. Old Xi, you should go and rest for a while!Several deputy said with concern.

County Magistrate Xi squeezed his brows and smiled, "It's okay, when the people of the whole county live a good life and sing praises to our officials and grandpas, then sleep well for a few days!" Bell ding ding... A civil servant came over and said: County magistrate, your phone number. Hello, who is it?What's up?County Magistrate Xi habitually picked up the phone, because he was tired and in a meeting, he was a little absent-minded. Sui!Hmph, the Ministry said that following the eunuch will bring endless blessings, whoever follows you will be unlucky for eight lifetimes!The other party was a familiar female voice.

Yo, my wife!County Magistrate Xi hurriedly cheered up, put the corner of his mouth close to the microphone, and said softly in a respectful tone: I'm sorry, ma'am, I didn't make it back in two days, there is a reason for the incident, you must not... I don't care if you like it or not, but I can't stand this anger!The other party breathed out, and the panting sound was clear. Madame calm down, what happened again?The husband said affectionately.Are you still in the dark?You go to the city to listen, the whole Taojiang, the whole Yiyang is talking about your name! The husband was puzzled like a monk, and was a little anxious: Tell me, what's wrong with me?

Say it!Say it! Go ask the judgment of the Intermediate People's Court!After the other party finished speaking, he slammed on the phone. I don't know when the secretary came to him, and sent a provincial newspaper and a verdict from Fawan, a middle-level people in Yiyang area. County magistrate Xi took the newspaper and saw that on the prominent position, it was written: The county magistrate becomes the defendant, and the people win the county government.The Yiyang Intermediate People's Court accepted the case of Zhang Bihua and Liu Hanqiu, villagers of Taojiang County, regarding their request to revoke the 1988 No. 76 document of the People's Government of Taojiang County—Decision on the Handling of Zhang Bihua and Liu Hanqiu's Joint Mine Illegal Mining, and made the following judgment after a public trial: Taojiang County villagers Zhang Bihua and Liu Hanqiu’s contracting team have reasonable rights and interests in contracting to mine the village’s antimony ore. Scanning the verdict of the people's court from beginning to end, what it said was the same as what was said in the newspaper, and it took me a long time to say a word: How unreasonable!I can't be the county magistrate.

It is true that there is no way to become the county magistrate. The red-headed document of the dignified county government, the magistrate of a dignified county, became a court fine overnight and a quilt for almost being a court secretary. On this day, Zhang Bihua and Liu Hanqiu, farmers in Jiangjia village who wantonly destroyed minerals and caused nearly tens of millions of economic losses to the country, were so excited that their blood vessels almost burst.To celebrate this great victory, Zhang and Liu specially organized a parade of dozens of people, bought firecrackers worth thousands of yuan, and drove three cars from Yiyang City to Taojiang County, and then to Jiangxi where they were entrenched. home village.

Thanks to the court for supporting us, we will cover the bonus of your entire court!Bamboo—that's what they say in front of the court! We want to get rich, we want to get rich!Let the red-headed documents of the county government go to hell!As soon as they were in front of the Taojiang County Government House, they raised their arms and shouted. The sky is ours, the earth is ours, everything God created is ours!On the mine full of trauma, they danced wildly... Let's discuss the crux of the event that caused the balance to go out of balance!In the 1970s, Chinese geologists discovered a large antimony mine in Taojiang County, Hunan Province. Its abundant reserves and easy mining conditions made it the second largest antimony production base in my country.In order to build a key state-owned antimony ore enterprise with mining, selection, and treatment facilities, the farmers who have lived on this land for many lifetimes have almost no complaints to cooperate with the government's requirements, relocate, and contribute!Regardless of whether some of them must not be able to afford a new dress or marry a daughter-in-law, they have never said a word to the state that the state has been digging away the treasures left by their ancestors.

There are rich minerals buried in such a barren mountain and remote place, why are the masses not allowed to mine?I think I see that the country, the collective, and the individual can all participate!Mineral development is a way out for farmers in mountainous areas to get rich!A senior leader of the central government said this time and time again when he was touring the mountainous areas of Guangxi, Jiangxi, Gansu, and Shaanxi, and then the radio, newspapers, and TV stations all broadcast the voice. For the first time, the Chinese mountain people with a population of hundreds of millions suddenly understood such a thing: the mines there also belong to us!The above is so correct, the mountain and the land itself belong to us!

Let's go up the mountain to mine!As a result, thousands of farmers threw away their hoes, carried their shovels and sacks, and flocked to the mine. ——Not to mention, that mountain originally belonged to us, our ancestors who have lived here for several lifetimes can prove it. ——Not to mention, the more we dig, the richer we get, and the more we get rich, the more firmly we implement the spirit of the Central Committee. It was under such circumstances that the Taojiang Banxi Antimony Mine started large-scale mining activities by farmers.In just a few months, more than 30 small mines were built on the state-owned mines, with more than 3,000 miners. Zhang Bihua and Liu Hanqiu from Jiangjia Village are the pioneers emerging in this large-scale mining.And became a well-known one.They wantonly annexed the country's mines and expanded their territory at a rate of 300 meters per month.

In February 1987, the Mineral Resources Law of the People's Republic of China was promulgated.Hunan is a relatively good province for implementing the Mineral Resources Law. Shortly after the country promulgated the law, the Provincial People’s Congress issued the Hunan Provincial Village and Township Mining and Individual Mining Management Measures in response to the situation of mass mining in the province. Taojiang County Government is implementing the spirit of the superior in Hunan Province. A province that moves fast.In order to cooperate with the national governance and rectify the Banxi Antimony Mine, on August 24 of the same year, County Document No. 54 was issued, clearly stipulating that rural farms, village farms, and village enterprises must have the conditions of mineral data, mining locations, and boundaries in accordance with the law. Those who have the technology, safety conditions and environmental protection measures for running mines must apply for mining rights in accordance with the law; township farms and village enterprises must mine in strict accordance with the mining scope stipulated in the mining license, expand the scope of the mine boundary, and change the mining location must apply again Mining license.These regulations of the county government are actually just a reaffirmation of mineral resources and provincial mining management methods.

Is there any regulation or not? Lao Tzu’s mining is natural. What kind of country is not a country? As the saying goes: Preconceptions come first. On the mountain of Banxi, who is here first?Not even our ancestors!How many years have you been here in the state-run mine?Let the land master testify, who owns the mine if it is not ours? Besides, the higher-ups call on us to get rich, and our mining to get rich is a manifestation of the implementation of the higher-level policy, and we should be praised! Zhang Bihua, Liu Hanqiu and others felt that the provincial and county regulations on mining were ridiculous and vulnerable.They did what they did, and they got worse.Because they still have a more powerful background than the one that issued the mineral management department on behalf of the county government.Haha, these old magistrates don't know the shit on their butts!If this lawsuit goes on, we will win!

Zhang Bihua and Liu Hanqiu really hit the mark. In September 1988, the County Mining Management Office, representing the county government and having authority over mine management laws, inspected and found that Zhang and Liu’s joint mines had not come to the mine office to obtain a license. Therefore, according to the national mineral resources law and the provincial On September 17 of this year, Taojiang County Government Document No. 76 made a decision to immediately stop mining at Zhang Bihua's and Liu Hanqiu's coalition mines.No, one week after this article was published, Zhang and Liu filed a lawsuit in the Yiyang District Intermediate People's Court, accusing the county government of violating the legal contract rights.In order to protect the legal rights of the contractor and based on the evidence provided by the prosecution, the Intermediate People's Court announced that the defendant Taojiang County Government had violated the relevant legal provisions, and the document No. 76 issued by it was a wrong decision and should be revoked . The court's decision was based on two points: one was to safeguard the interests of the masses; the other was that Zhang and Liu Lianban had obtained a license issued by a deputy director of the county township enterprise bureau on June 25, 1987.The reason for the judgment is that the Taojiang County government, as the people's government, did not give the green light for the people to get rich, but took strong administrative measures to interfere.What's more important is to backfire.Different departments at the same level of the county government have their own way in handling affairs. Zhang and Liu obtained the mining license a year ago, and a year later the government at the same level issued a letter stating that they illegally opened mines. Although they are responsible, they are not the miners. , while in the county government itself. Taojiang County Magistrate Xi Tieliang naturally never dreamed that he would act in accordance with the National Mineral Resources Law and the relevant provincial laws and regulations, and instead became a failed defendant!And those who randomly dig the country's minerals have become the winners! Although the incident of the county magistrate in Hunan being accused was corrected after the intervention of the Provincial Higher People’s Court, this kind of confusion of right and wrong and reversal of black and white reflected in the issue of public interviews is not unique in Weiwei, such as Zhang Bihua in Taojiang County. The mining license issued by the Zhangzhang County Township Lock Enterprise Bureau received by Liu Hanqiu and Liu Hanqiu's joint mine was originally an invalid license without legal effect, because according to the national mineral resources law, all mining by the state, collectives and individuals must Mining licenses issued by the Department of Geology and Mineral Resources authorized by the State Council are valid, and the Mineral Resources Law makes this provision very clear. In many places the author has visited, I have asked those miners, who authorized you to dig indiscriminately like this?Do you know how they answered?I found that they immediately stared at you wide-eyed, and said to you as if you had insulted them: Sir, we are bleeding, and we only came here after receiving a certificate. If you don’t believe me, look at this!They showed me mining licenses from their pockets.That's right, they are all certificates with names and surnames, numbers and inscriptions, and many of them are covered with government seals with the imposing national emblem.However, if you take a closer look, you will find a problem. None of those beautiful, large and small mining licenses are issued by the geological and mineral department that has the mineral development right granted by the state.Those certificates can be described as varied, from various departments, from brigades, townships, counties, industrial bureaus, civil affairs bureaus, public security bureaus, and even nursing homes, family planning offices, and police stations. . In Guocheng, I didn’t see a crowd of people gathered in front of the Civil Affairs Bureau. Some of them were blind in one eye, broke their right leg, or were deaf-mute, or crazy. I thought that the charity organization of the Civil Affairs Bureau was giving some relief to these poor people, so I took a closer look. It turned out that the Civil Affairs Bureau was distributing a small green booklet for everyone, yo, it was a mining permit!I asked the director in amazement, why did you start this thing too!This is illegal!The director smiled wryly and shook his head: Our place is a mountainous area, and it is also a mountainous area with serious endemic diseases. There are more than 34,000 disabled people in the county. Woolen cloth?They are also human enough and have a mouth!You can't stop them from eating!But what can we give them in the mountains?No, since last year, there are even several mines that can mine.These people can't do anything else, but they can still pick a few stones.Our bureau thought of this trick as soon as we researched it.Alas, look at how pitiful they are, how can we not give you a way to survive?I know it's not very legal to do this, but shouldn't you just tell these people a short way? I have nothing to say. At the gate of a nursing home in a village in the old revolutionary base area in western Ganxi, a hunchbacked middle-aged man was leading a group of elderly people in their sixties or seventies.They were all gray-haired and yellow-faced, obviously caused by malnutrition and terminal illness.I asked the middle-aged man who he called the dean what he was doing with these old people who were about to collapse while walking.The dean showed me a stack of yellow cards in his hand, and said without expression: Go mining.It's mining again!These old people?There is no way!In the past, every year in the township, the villages were assigned to pay the money and food to our hospital, but now they are all engaged in contracting. The thousands of yuan that our nursing home allocates a year is not enough. As long as a few people get sick, the money is not enough. Rolled in.Life is tough, but you can't rush such an old man to report to Hades!Besides, among the 25 elderly people in our hospital, 3 were old Red Army soldiers who participated in the revolution in 1930, and 5 were old Red Guard members. During those revolutionary years, some of their children and families died, and only Alone, no one will be supported by the government!Nowadays, capable people go to get rich, but how do these old people get rich? There is no way. In order for these revolutionary old people to have something to eat, the courtyard organizes these old people to go up the mountain twice a week to mine some ore and sell it for some money to improve. Improve your life!Do you have a mining license?I regretted it as soon as I said it.Sure enough, the dean who was overburdened with brows said to me angrily: Anything that is not certified is a trick of the above!He showed me a small yellow card in his hand. It was a mining license with the township and government seals. It was just such a piece of shit, and he asked us to pay two yuan each!The dean said angrily, hell!Most of these old people here are meritorious ministers of the Republic!But now they are so pitiful that they can't even have enough food.You said, how can there be such a reason! I am still speechless. In the county town of Liaosuo thousands of miles away, when I stepped into the gate of the county health bureau, I saw a long queue at the gate of the county family planning office.The queues are all women.At this time, a woman with a child hurried over to the front of the office workers, overtaking the women in front.She is not in line, don't post her!Don't send her! All the women accused the woman one after another.what line up?You didn't see me carrying these?You didn't let you have so many cubs!What?How dare you call me baby!Mom, I will fight with you!The woman with the child stepped forward - grabbing the hair of the woman who scolded the brat, so the team was in chaos... What's the noise?No more arguing about issuing certificates to you. The certificate issuer wearing glasses knocked on the table deafeningly.The war finally subsided.The issuance of certificates has officially begun, Miss Huang!arrive!Get the certificate and pay the guarantee!Hey.Zhang Ajuan!coming.Submit your letter of guarantee first, hehe, I just had two babies, and I still want a son, can you... no!The latter one... I'll hand it over to you!I will hand over the guarantee! This is almost the same, take the certificate, take it!The latter one, hey, let me ask if this certificate is valid for two years, so that means I can still have a child after two years? Nonsense, you handed in the guarantee, and after receiving this certificate, you will not be able to have children for the rest of your life.No more proof!The woman named Zhang Ajuan angrily threw a little red plastic book the size of a quotation book eight feet away, and angrily led three girls, the oldest of whom was only 8 years old, and the youngest, who was less than two years old, to leave without saying anything. Planned Parenthood Office.When I walked over to pick up the Xiaojiang plastic book, I couldn't help being so shocked that I didn't speak for a long time.Another mining license!Alas, what can we do? We are in a remote mountainous area, and the territory of a county is half the size of Shanghai. Who can control it so wide? No, the family planning is called every year, but it exceeds the quota every year.These women don't know why the wild mountain fruit has made their belly bigger. The poorer they are, the more children they have, and they can't control people.No, two iron mines have just been discovered in the county, and every household is vying for money to dig up the mountains to make a fortune.Now the county has a solution, don't you want to go up the mountain to mine to make a fortune?Well, let your wives come here to deliver a guarantee that they will never be born again.Then, a mining license is issued to you!You say ridiculous?Ouch, my comrades, now the higher ups can't wait to call us every afternoon to control the birth population and improve the quality of the population. China's population has reached 1.1 billion!The earth is about to be trampled down!Our mountains are high and our rivers are far away, relying on our family planning office, who cares about your mouths, no, is it better to have this birth certificate than nothing? To tell you the truth, we have issued more than 700 certificates up.This is equivalent to controlling more than 700 superbirth indicators in the whole county. This achievement is not small, don't you think?Director Li of the County Family Planning Office held their mining license stamped with the official seal and spoke plausibly in front of me. I smiled wryly, but was speechless again. After deliberation and approval by the Standing Committee of the National People's Congress, the Mineral Resources Law of the People's Republic of China, which came into effect on October 1, 1986, clearly stipulates that all mineral rights in China's land, including the sea, belong to the state-owned state, collectives and individuals. The mining rights must be approved by the county. The designated site can be used for planned mining only after the geological and mineral resources department above the national level approves and issues a mining license. Except for this, any unit and other functional departments of the government have no right to issue mining licenses.This is a mineral resource law that children in the third grade of elementary school can understand!However, French cakes often appear powerless in front of Chinese mountain people! A western philosopher once used cotton wool and a hammer to describe the relationship between our country's status quo and the law. The hammer has always been firm and firm, but when it hits the cotton wool, all the firmness and firmness will fade away. Not every: Existed However, Bi Da believes that this is not the saddest fate of Chinese law. What is really sad is that the laws in the middle do not have the strictness above all else.In many cases, it can emit a clear and crisp echo, but in many cases it is hit head-on by a harder and more solid wall. This is reflected in the issue of mineral resource exploitation rights. The signboard of the Industrial Bureau of a certain county is prominently hung at the gate facing the street.However, in this remote mountainous county, its functions are almost in vain.There are less than 50 companies, large and small, under its management, and all of them are small factories that produce outdated tractor accessories and household coal stoves.The Bureau of Industry's original establishment of 35 people has also shrunk to 21.What to do?If you want to survive, you have to find a way!There is no unparalleled road, and the 7 Shen geological team discovered tin mines on several mountains here.Well, the country has not yet had time to design the blueprint of the mine, and local rural farmers, shop workers, government officials, and even school teachers and students are all robbing riches.Naturally, each has its own skills, and each has its own advantages.What about the Bureau of Industry?Mining is an industrial job, so it should belong to me!The industry bureau sends the report to the county government.At the same time, a relief report for the bureau's staff is attached.Can't let us go hungry!A red-headed document in the county, the industrial bureau that no one cared about in the past suddenly changed, and the anger was like a cow: you have to go to our bureau to get a license to go to the mountain to mine!Immediately, collectively looking forward to, individual, bright, navel, red, white...the industrial bureau was full of people, very busy, and the number of personnel increased from 21 to 35 and 42 again, and the remuneration doubled. Double, the bonus alone is more than 150 yuan per month. The Bureau of Industry is like this, the Bureau of Commerce, the Bureau of Finance, the Taxation Bureau, the Bureau of Agriculture, the Public Security Bureau... can't it be like this?You can do this in your county, but not in my township or village?Therefore, the mining license is like a park ticket, anyone can sell it; the law is like soap foam, always illusory... The director of the Mining Management Bureau, who has the absolute right to mine development, dared not speak loudly to me, but quietly pointed to the tax bureau next to his gate, and said: I am the law enforcement officer, and I have the right to issue mining licenses!That's right.Well, they said you send it!Send it!So, they came to the door for three or two days.Tell me that you have to pay this tax and that tax, and you will be fined tens of thousands!Otherwise see you in court.No Zhe, surrender now!Therefore, the tax bureau proposed to allow them to issue some mining licenses internally... It's as simple as it is complicated.Anyway, on the same land, my method is to follow the line drawn by others... This is the secret of China's law enforcement! You do not allow the Public Security Bureau to issue a certificate?Ok!We will not be responsible for all the order in the mine. 9God, can you manage the mines by killing people and setting them on fire?Surrender!It's easy to say, let's delegate power and profit!It's painted by us all inclusive!The mine order will be resolved within three days! You don't allow the Grain Bureau to issue a certificate?It doesn't matter, but the rations and canteen supplies in your unit are not enough for the past few months, so please find your own solution.You can skip eating for one day, and chew instant noodles for two days, but you can't endure it for ten or eight days.Surrender!It's easy to say, tomorrow we will deliver your rations to your door, woohoo, everyone is happy again! send!As a result, the land of 9.6 million square kilometers across the country is full of beautiful mining licenses with red stamps. send!A piece of 5 yuan, 10 yuan, 100 yuan, 1000 yuan, you earn money by mining, I issue certificates to make money, common prosperity, real communism! Ulla!