At present, the problem of villagers crossing the river has not been solved, and behind the demolition of the convenient floating bridge: the organizers of the bridge construction have been sentenced to build the bridge | Villagers | Problem

Recently, the news of villagers being sentenced for building bridges without permission has attracted attention. It is understood that the villagers who repaired the bridge live in Zhenlin Village, Wafang Town, Taonan City, Baicheng, Jilin Province. The organizer's name is Huang Deyi, and the main participants in the bridge repair are his relatives. They built a floating bridge on a river by the village, with a total investment of over 130000 yuan. To recover costs, they asked villagers and passersby who crossed the bridge to voluntarily pay fees ranging from 1 yuan to 10 yuan, and many familiar villagers in the vicinity did not need to pay for crossing the bridge.

In October 2018, the local water conservancy bureau punished and forced Huang Deyi to demolish the floating bridge on the grounds of illegal bridge construction. In February 2019, Huang Deyi was criminally detained by the Taonan Public Security Bureau on suspicion of provoking trouble. Since then, his third brother and several relatives have also been subjected to criminal coercive measures. On December 31, 2019, the Taonan City Court made a first instance judgment, sentencing Huang Deyi to two years in prison with a two-year probation, and 17 others were also sentenced separately. So, why do the villagers have to raise their own money to build such a floating bridge? What should the court ruling be?

01

Crossing the river without using tools requires a detour of several tens of kilometers

Villagers spontaneously built a bridge and asked people crossing the bridge to voluntarily pay for it

Tao'er River is the largest tributary on the right bank of the Nenjiang River in the Songhua River of the Heilongjiang River system, located in the Xing'an League of Inner Mongolia and the northwest of Jilin Province. Huang Deyi's home is located in Zhenlin Village, Wafang Town, Taonan City, Baicheng, Jilin Province, along the banks of the Tao'er River.

For a long time, villagers have relied on the Tao'er River for their production and daily life, but the river has also brought inconvenience to daily traffic. Local villagers told Voice of China reporters that without the use of ferries and other tools, villagers from several nearby villages, including Zhenlin Village, need to detour dozens of kilometers to reach the opposite bank of the river.

The Huang Deyi brothers are five people, and many of their ancestors have done work related to ferry services. His father built a wooden boat in the 1970s to ferry on the Tao'er River without any charges at that time. In the late 1990s, Huang Deyi's third brother wanted to continue ferrying on the Tao'er River. At that time, Huang Deyi, who was already a teacher, paid 4000 yuan to build three iron boats connected together, and the fees charged for ferrying were not standardized.

"Before the year 2000, livestock were used, and horses were more commonly used. If the water was shallow, carriages could pass through, and even on land, horses could pass through. After the year 2000, horses were no longer needed, and tractors and other motor vehicles were used, but if the water was a little deeper, it would be impossible to pass through."

A ferry consisting of three boats has limited capacity for people and vehicles. In 2014, Huang Deyi and his friends welded thirteen iron boats and built a floating bridge. The floating bridge is adjusted according to the width of the water surface. Once the water is too large during the flood season or freezes in winter, the bridge will be withdrawn from the water surface.

"If the water is small, two boats will suffice, with a width of over six meters. If the water is a little larger, all thirteen boats will be used, which is about twenty meters. If it is too large, it will be unstable and the flood season will stop."

Huang Deyi said that because there were many people participating in the bridge repair, they arranged for everyone to take turns collecting fees on the bridge. There was no mandatory fee standard. Villagers and passersby who passed by paid fees based on the size of the vehicles, the number of people, and their personal preferences, ranging from one or two yuan to a maximum of 10 yuan. Many familiar villagers nearby did not need to pay for crossing the bridge.

"Repairing and demolishing bridges requires people, and my brother, nephew, and others are involved. I can't pay him any wages, so I only give him one day a month. If there is water, he needs it, and if there is no water, he will pull it down. If there is money or not, he will cross the river. If he is willing to give it, he will give it, and if he is unwilling to give it, he will pull it down."

Huang Deyi's statement has also been verified by nearby villagers. "There are those who give 3 yuan, those who give 5 yuan, and there are also those who give 2 yuan or 1 yuan, that's not possible."

02

The local water conservancy bureau requested the demolition of the bridge on the grounds of illegal construction

The villagers who repaired the bridge were sentenced to prison for provoking and causing trouble

Huang Deyi told reporters that in the second year after the bridge was repaired, the local water conservancy department began to impose fines on the bridge. "I paid 10000 yuan in 2015, so I said I don't need to dismantle it. In 2016, I paid 10000 yuan, and it was all my brother who paid it. In 2017, my brother and his team didn't pay because the bridge wasn't very profitable."

After four years of construction, in October 2018, the Taonan Water Resources Bureau punished and forced Huang Deyi to demolish the floating bridge on the grounds of illegal bridge construction. "In 2018, I asked if it was okay to pay, and he said that it was also okay to pay. He asked me to dismantle it. We dismantled it ourselves, not them."

After the bridge was demolished, in February 2019, he was criminally detained by the Taonan Public Security Bureau on suspicion of provoking and causing trouble. Since then, several family members and relatives of Huang Deyi have also been subjected to criminal coercive measures. In July 2019, the Taonan City Procuratorate prosecuted Huang Deyi and several others to the Taonan City Court on suspicion of provoking trouble.

△ Judgment

Regarding the accusations made by the prosecution, Huang Deyi's defense counsel stated during the first instance hearing that Huang Deyi's actions should only be adjusted by administrative laws and regulations. Huang Deyi's construction of bridges and toll collection, as well as his determination to disrupt social public order and infringe on the interests of the people, have no factual basis and should not be recognized as the crime of provocation and trouble making. Huang Deyi subjectively did not have any criminal intent, and objectively did not disrupt social public order. The facts accusing Huang Deyi of the crime of provocation and disturbance are unclear, and the evidence is insufficient.

On December 31, 2019, the Taonan City Court made a first instance judgment. The court found that Huang Deyi and other personnel charged bridge tolls for building a ship's floating bridge from 2005 to 2014; From 2014 to 2018, a fixed pontoon bridge was built, and Huang Deyi organized a schedule and set a fee standard. The small car cost 5 yuan and the large car cost 10 yuan. The interception of passing vehicles charged a total of 52950 yuan for bridge and road toll fees. His behavior constituted the crime of provocation and trouble, and Huang Deyi was sentenced to two years in prison with a two-year probation. The other 17 people were also sentenced to prison.

△ Judgment

The reporter saw from the judgment that the total bridge toll of 52950 yuan was paid by 19 people, with 50 yuan and 200 yuan less and 5000 yuan and 20000 yuan more. The numbers are mostly multiples of 100 and there is no change. According to the judgment, the villager Li was charged the most, totaling 20000 yuan.

How was the 20000 yuan bridge toll calculated? Li told 03

The appeal filed by the villagers who repaired the bridge was rejected by the court

The issue of villagers crossing the river has not been resolved yet

After the first instance judgment, Huang Deyi did not appeal. He said that the more he thought about it, the more he felt wronged, so he filed an appeal at the end of 2021.

On March 31 of this year, Huang Deyi's appeal was rejected by the Taonan City Court, on the grounds that the court believed that he had illegally built a bridge to intercept passing vehicles and collect fees without the approval of relevant departments, and despite being subjected to multiple administrative penalties, he still refused to correct the situation. The circumstances were heinous and constituted the crime of provocation and disturbance. The appeal does not comply with relevant legal provisions and should be rejected.

△ Huang Deyi's appeal materials

Regarding this matter, the reporter contacted relevant departments such as the People's Court of Taonan City and the Water Resources Bureau of Taonan City, but as of the time of publication, no positive response has been given.

It is understood that after the demolition of the floating bridge, the problem of villagers crossing the river has not been effectively solved to this day. Due to inconvenient transportation and long round-trip times, several nearby villagers have chosen to rent the land to others and go out to work on their own. "I used to arrive at the place in just over ten minutes, but now I have to take a long detour. I have already wrapped up all the ground."

China Voice will continue to monitor the progress of related events.