Rarely huge ebony, worth millions, whoever sees will be jealous. A piece of wood, when it is not worth the money, the peasant can take it home to burn wood; value, the government said, this is the state. My national law does not clarify the preemption system, which leads to the unclearness of all people or the lack of ownership of all people. When there is competition between the government and the people, their ownership often points to: the state. Such a huge ebony is rare even in the abundance of Sichuan: it is 34 meters long, about 1.5 meters in diameter, and 60 tons when it was unearthed. It used the largest lifting equipment in the southwest to be completely transported out of the ravine. According to the current market, such volume means at least millions of dollars in wealth. In the Spring Festival of 2012, Wu Gaoliang, a farmer from Maliu Village, Tongji Town, Pengzhou City, Sichuan Province, discovered a small section of this “windfall†in his contracted land. A month later, Wu Gaoliang began to explore, did not expect to kill the local government halfway, took the ebony, saying that this is state-owned. Villagers: The door to the treasure at the door of the house is the third birth year of Wu Gaoliang. According to folk tradition, this year he is either very lucky or very unlucky. Like a roller coaster ride, the two extremes, he just caught up. During the Spring Festival, Wu Gaoliang and his friends walked in their fields and found a small branch of the ground. The branches are black and have a strange smell. Wu and his friends roughly look at them. Judging that the branches are just the tip of the iceberg, there is a possibility that there is a large ebony buried in the ground. Ebony, also known as yin wood, is formed by trees, such as nanmu, red peony, and sapling, which are buried in silt due to natural disasters and have been subjected to carbonization for thousands of years under conditions of lack of oxygen and high pressure. Because of the different species, the market value is different. The nanmu is the most expensive, up to eight to one hundred thousand yuan per cubic meter, and the longer the age, the better the preservation and the higher the price. Subsequent identification proved that the ebony found by Wu Gaoliang was formed by Nanmu. At the beginning of February 2012, Wu Gaoliang paid a private expert, who came to Beijing's exploration company to find out that there was huge ebony underground. Experts estimate that the largest ebony can be worth millions of dollars. For Wu Gaoliang, the place where ebony is found is the "home entrance" as literal. Maliu Village is located in the mountainous area of ​​Pengzhou. A river ditch belonging to the tributary of the Lancang River divides the village into two. The Wu family lives on the right bank of the river ditch. The contracted land is the river dam on the left side. The straight line distance between the two sides is less than 60 meters. What can I do if I dig something in my home at my doorstep? Wu Gaoliang began to dig ebony. On February 8, 2012, he hired an excavator and began digging for more than five hours from noon. Only two-thirds of the huge ebony was dug. "There was a scent when I dug it out, and I could smell it when I stood at the door," he recalls. The project that may be rich overnight is known to everyone. Wu Gaoliang said that when the excavation was found in the town, he was interested in digging ebony, but he refused. Afterwards, Wu Gaoliang quite regretted this decision, because from this point on, things began to change. In the evening, two policemen came to the Tongji Town Police Station, and Wu had to stop. "We received reports from the masses on the same day, and some people squandered them privately." Gao Xianzhi, deputy secretary of the Party Committee of Tongji Town, told the Southern Weekend reporter that after receiving this situation, the town informed the police station. He explained that Pengzhou is rich in minerals, and the thieves were once very embarrassed. The local government is cracking down on private mining like black. However, in the face of half of the ebony, Tongji Town is not allowed to count as a mineral resource. "But we think there is always a premise that it belongs to state-owned property." Tongji Town made such a definition and sent police to protect the scene. Wu Gaoliang realized that things at his doorstep might not belong to himself. The government: "The rice is also swallowed." Wu Gaoliang did not sleep well. The police said that as long as he stopped and did not dig, he would then hand it over to the town government for treatment. "There will be no pursuit of private exploitation." In the following days, the town government led the door and repeatedly persuaded Wu Gaoliang to abandon the ebony. The Wu family organized relatives to prevent the town government from taking out the ebony. Relevant personnel told Wu Gaoliang that according to the General Principles of the Civil Law, ebony buried underground is state-owned. The town government is also willing to make some concessions. At that time, Yang Yong, the party secretary of Tongji Town, told Wu Gaoliang that the town will dig up the ebony and will apply for the highest reward. His early investment will also compensate, even in the future. In the museum exhibition, there will be a sign with his name on it, so that Wu Gaoliang is "a tribute to the world." However, the two sides failed to reach an agreement repeatedly, and the situation was somewhat out of control. Zhang Qing, an associate researcher at the Chengdu Institute of Cultural Relics and Archaeology, who was invited to the site to work as a consultant, recalled that the situation at the time shook his head: "Wu’s mother yelled at the government’s people, and everything was ugly. We all married her. The situation escalated rapidly. The town government sent police and urban management, and 120 ambulances were also prepared. Fortunately, there was no conflict. On February 20, 2012, a total of seven ebony were released from Wu Gaoliang's contracted land, including the root of the longest 34 meters, all of which were transported to Tongji Town. Interestingly, the Wu family’s blockade has made the town government determined to “protect†the ebony. Xiao Liying, deputy director of the Pengzhou Cultural Relics Protection Management Office, who is also a consultant, said that because the ebony is up to 34 meters long, the lifting plan has been proposed to be lifted in sections, but the government opposes it and insists on keeping the ebony intact. The government hired the largest crane truck in the southwest region through a public comparison plan. There is one such vehicle, and one in Chongqing. The cost of one day is tens of thousands. Xiao Liying said that at that time there was no such car in the southwest, and the government would look for it from other parts of the country. "In the words of the government, I have to swallow it for the sake of raw rice. I have to pick it up." Tongji Town Party Committee Deputy Secretary Gao Xianzhi told the Southern Weekend reporter that not only did the lifting equipment cost money, but in order to transport 34 meters of ebony from the ravine, some poles were removed along the way, and the total cost of transporting ebony from Maliu Village to Tongji Town was close to 100. Million. "State-owned" does not always advocate Nawumu as a state-owned one, not a Tongji town. In recent years, large ebony was found in Chongzhou, Shifang and Nanchong, Sichuan, and was nationalized by the local government. However, this is not the government's consistent claim. At least when the value of ebony has not yet appeared, the government figure has not appeared. The director of the Chengdu Ebony Museum and the Taiwanese businessman Lu Yujie have been engaged in the collection and protection of ebony since the 1990s. He told the Southern Weekend reporter that since ancient times, ebony was a valuable wood in the folk. In Sichuan, there is a saying that “there is a box of jewels in the home, not as good as the ebony sideâ€, but it really makes the value of the ebony market comparable to the time of jewelry. In his memory, in the 1990s, people were far less concerned about ebony. In 1994, Lu Yijie used a honeycomb coal for an ebony in a grandfather's home in Guanghan. "Because he took the ebony as a firewood, I proposed to use coal to change with him." The grandfather said that the ebony was enough to burn for two months, Lu Yijie then exchanged the corresponding honeycomb coal, "a total of 1,000, at that time, honeycomb coal It’s so cheap, one is about 1 hair.†In that period, Lu Jiejie not only bought ebony from his own hands, but also engaged in excavation. Sometimes, the dredging boat found the ebony sinking in the water, and Lu Yujie bought the sand dug. "We will dig the ebony and dig the sand and leave it to them." The government has never interfered with the needs. The price of ebony climbed around about 2000. At that time, Lu Yijie’s ebony museum was a small success, coincident with the “West China Forum†held in Chengdu, so Lu Yijie exhibited five pieces of ebony art, which caused strong concern. After that, the “wood†turned into a “wooden wealth†and the market rushed. Lu Yijie recalled that in 2000, the harvest of ebony was about 600 yuan per party. In 2001, it was more than 2,000 yuan. "After one or two years, it will be turned up by 4000, 8000, 12000." Now, ebony is due to its tree species, age and quality. The price is different, but the lower one is nearly 10,000 yuan per square. Like the well-preserved ebony ebony, the price is about 100,000 per side, which is dozens of times more than before. Alibaba has even a manufacturer of Nanmu ebony with a staggering high price: 800,000 per side! "The current ebony market is completely disordered." Lu said that he has rarely bought ebony from the local area, not only because of the high price, but also because of the uneven local power. Now, an industrial chain from the origin of Sichuan to the consumption of Beijing and Shanghai has been formed. Once the ebony is unearthed in Sichuan, there will be complicated local forces intervening and various chaos. At this time, the government has never ignored the ebony and began to pay more attention to it. After the large ebony is discovered, the government will intervene in a protective posture, which inevitably conflicts with personal interests. Lawyer Yu Yuanjun of Sichuan Gaoyang Law Firm told the Southern Weekend reporter that he has recently received five or six consultations on similar cases. The rice can not be swallowed up by 34 meters, which is equivalent to the height of 11 floors. Up to now, Tongji Town does not have such a high floor. After ebony was transported to Tongji, many people came to watch it. But for Tongji Town, the "sandwich rice" can't be swallowed up. Pengzhou City's cultural management department and the land and resources department said that there is no basis for the disposal of ebony. Tongji Town also did not have the right to dispose of it, so it sent a report to Pengzhou City Committee, requesting the State-owned Assets Administration to take the lead in the next phase of resettlement, but months have passed. . The first question is: What is ebony? Most of the ebony formation time ranges from 3,000 to 8,000 years. Although it is also a long time, it is not enough to become a plant fossil; likewise, it is not a mineral. Therefore, the protection of ebony does not apply to the Regulations on the Protection of Ancient Fossils and the Mineral Resources Law of the People's Republic of China. "Everywhere, ebony is found everywhere, but it is usually found in the cultural relics department, but in fact it is not a cultural relic." Zhang Qing said that cultural relics refer to the legacy of human activities, belonging to the social discipline, and ebony is a natural formation and is transforming into plant fossils. The intermediate product belongs to the natural sciences. According to Xiao Liying, in the 1990s, Chengdu’s Cultural Relics Protection Regulations added one: “The ancient and famous trees are protected by reference to cultural relicsâ€, but after the promulgation of the New Cultural Relics Protection Law of the People’s Republic of China in 2002, the disciplines were The division of wild and old trees is not a category of cultural relics protection, and the revised local regulations of Chengdu have deleted this article. However, in the eyes of cultural relics such as Zhang Qing and Xiao Liying, ebony contains rich paleoecological information and is a non-renewable “resource†that should still belong to the state. The most daring attempt of Chengdu is to try to formulate local regulations: In 2004, the Cultural Relics Department of the Municipal Cultural Bureau took the lead and drafted the Interim Measures for the Protection and Management of Urban Ebony Resources in Chengdu, but this method was not officially introduced. Public is a "big basket" Yu Yuanjun has represented several ebony lawsuits, acting as a "reverse thinking": the government advocates Ukrainian state ownership, and there should be clear legal provisions. If there is no clear regulation, the government should not compete with the people. In principle, private possession should be justified. In 2010, Yu Yuanjun represented a similar case in Panzhihua, Sichuan, but his client lost the case. The Southern Weekend reporter found that the ebony that occurred in many places in Sichuan was nationalized. The officially cited the same clause, that is, the General Principles of Civil Law that came into force in 1987, Article 79: All unknowns buried and hidden objects belong to the state. The domestic civil law scholars interviewed are not consistent. Sun Xianzhong, a researcher at the Institute of Law of the Chinese Academy of Social Sciences, believes that ebony can be identified as a buried object of unknown origin, and its ownership is obtained by the “stateâ€. The reason is that other centralized treatment schemes are not legally regulated by Chinese law. Yin Tian, ​​a professor at Peking University Law School, believes that “buried†and “hidden†are human behaviors, and the ebony system is naturally formed and does not belong to buried objects. "The burial means that there is always everyone, buried by everyone." However, the same way: ebony will fall into the public basket - Yin Tian advocates ebony as the main thing, should be enjoyed by the landowners. The land in China is not owned by individuals, so ebony can belong to the state or the collective, but it will not be Wu Gaoliang. Meng Qinguo, a professor at Wuhan University Law School, said that although China’s law does not explicitly explain the main thing, it basically contains two situations:
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