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推进拆迁新条例不如将商业公司做大做强

核心提示:一家叫“安元鼎”的保安公司在北京保安业悄然做大。越来越多的调查表明,安元鼎的主业为关押、押送到北京上访的民众。这家时间短却发展迅猛的保安公司在京设立多处“黑监狱”,向地方政府收取佣金以限制上访者的自由并押送返乡,甚至以暴力手段向上访者施暴。

就在社会各界纷纷义正词严地声讨安元鼎公司令人发指的罪行之时,笔者断言,今后安元鼎这样的公司将在中国遍地开花。
深究安元鼎公司的悄然做大,其中不乏存在深刻的社会、政治原因,这些原因总会与“土地管理制度”“房地产”“高价房”“拆迁补偿”“暴力拆迁”“上访”“维稳”等一系列关键词联系起来。

现行土地管理制度导致百姓对高价房安之若素

我国现行土地管理制度规定,国家对土地拥有所有权,政府向农民按土地原有产出收益征收土地(而不是按土地以后建设成房屋后的收益补偿农民,费用当然很少),以招、拍、挂的方式高价出让给开发商,开发商通过建筑商建设房屋,地产商将房屋卖给购房者——以很少的费用征得土地,在这一系列逐利过程中,土地在原有价格基础上上涨了几百倍,于是高价房诞生。政府拥有土地的所有权,农民只有使用权,政府征收土地将使用权转让,最终房地产商将房屋卖给购房者。而且我国土地管理制度还规定,市民不能向农民购买土地的使用权,也即农民无权私自出让土地。因此,购房者只能向房地产商这个中介购买高价房。
我们仔细想想,人们都在密集地声讨警察将权力外包,其实,作为我国的支柱产业的房地产也是外包的!
政府作为最大的“地主”,其本身不销售房屋,而是将房屋的销售权外包给房地产商,这实在是一个令经济学家们称赞的一箭三雕的好政策,既扶持了大量非公有制企业进入市场,又增加了财政收入拉动了GDP,同时将国民绑架在高价房上,达到维稳的目的。
于是人们都将愤怒的矛头指向开发商,指向地产商,甚至某些官员还会不时站出来酣畅淋漓地痛骂几句,引得公众大加赞赏,称这些官员亲民、体恤民意。可是,事实真的是这样的么?
毫无疑问,在现有政策下,政府将房地产业外包的决策是非常成功的。百姓对高价房一贯认为是自己不够富有,也就安之若素。

权利外包是否会成为地方政府的一种常态

曾经有调查显示,最近几年因旧城改造、拆迁安置、城市规划、城市房屋登记管理等引发的矛盾急剧增多,由此引起的‘民告官’案已占全省行政诉讼案的四分之一。(2003年11月13日《中国青年报》)可见,拆迁问题已成为群众信访动机的的三大焦点之一。(另外两个为农民负担、下岗失业。)如此重大的不稳定因素存在,政府也一直在寻找解决的突破口。既然房地产可以外包给地产商,把本该由政府主导的项目纳入市场经济体系中,那么,维稳是不是也可以外包呢?我们从不久前,湖南邵东推出的“社会治安商业化运作”,让保安公司“承包”当地社会治安一事中可以窥见一些端倪;更让笔者印证这一看法的是,就在举国质疑安元鼎们存在的正当性时,即将修定的新拆迁补偿条例,“被拆迁人”将被“被征用人”代替,这就为“拆迁”这个饱受争议的行为赋予了合法的意义,从而政府将纯行政性行为外包给商业公司也是再自然合法合理不过的事情。公权力褫夺私权利饱受争议,而靠公权力寻租也就成为一种常态——权利外包是否会成为地方政府的一种常态呢?我们拭目以待。

权力外包可以说是政府处理棘手问题的“聪明”方式,其好处是不言而喻的,就拿安抚上访人员来说,政府直接干预必然会被舆论授以话柄,而外包给保安公司后即便出现差漏,舆论的矛头必然指向后者,对于一些存在过激行为的公司,政府会依法纠察,追究相关责任人的责任;非公有制灵活机动的优势也使得那些保安公司较之国有体制内力量办事高效快捷,节约了维稳的成本,极大提高了非公有制参与市场分配的积极性。由此观之,推进拆迁新条例不如将商业公司做大做强。

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