Legislation first solves the pain points and difficulties of urban renewal

Expert recommendations for implementing urban renewal actions in multiple locations

　　Our reporter Pu Xiaolei

　　Following the release of the "Regulations on Urban Renewal of the Shenzhen Special Economic Zone", Guangzhou and Shanghai also put urban renewal legislation on the agenda.

　　On July 21, the "Guangzhou City Urban Renewal Regulations (Draft for Soliciting Comments)" ended the public solicitation of opinions.

The draft for comments puts forward that the legislative purpose is to "regulate urban renewal activities, optimize urban spatial layout, improve urban functions, transform urban development and construction methods, improve the living environment, inherit history and culture, and enhance urban quality and urban development quality."

　　The 33rd meeting of the Standing Committee of the 15th Shanghai Municipal People's Congress, held from July 27 to 29, reviewed the "Shanghai Urban Renewal Regulations (Draft)."

　　The "14th Five-Year Plan" and the 2035 long-term goal outline proposed to implement urban renewal actions.

After studying the progress of urban renewal in many places, Sun Wei, deputy to the National People’s Congress and director of the broadcasting department of Xi’an Radio The management method of the company is far from being able to meet the requirements of high-quality development in the future.

　　"The lack of an overall promotion mechanism, lack of systematic planning, low coordination and integration, partial division of tasks, imperfect distribution of benefits and other issues will inevitably affect the progress of the implementation of this work." Sun Wei said in an interview with a reporter from the Rule of Law Daily. .

　　In order to further promote the organic, orderly and effective development of urban renewal, Shenzhen, Shanghai, and Guangzhou have taken the lead in enacting legislation on urban renewal.

　　“The high-quality advancement of urban renewal actions cannot be separated from the guarantee of the rule of law. In recent years, many cities have implemented urban renewal actions. Considering that the development level and actual conditions of these cities are different, it is not appropriate to enact legislation at the national level at this time. Instead, cities divided into districts carry out legislation in accordance with their actual conditions, and use legal thinking and methods to solve the pain points and difficulties in urban renewal work." said Sun Yuhua, an associate professor at East China University of Political Science and Law.

Multi-city construction of urban renewal policy system

　　The "14th Five-Year Plan" and the 2035 long-term goal outline proposed to accelerate the transformation of urban development methods, coordinate urban planning and construction management, implement urban renewal actions, and promote urban spatial structure optimization and quality improvement.

　　Regarding the reasons for the implementation of the urban renewal action, the relevant person in charge of the Ministry of Housing and Urban-Rural Development pointed out that on the one hand, urban buildings and facilities are gradually aging, and some original building standards have fallen behind and need to be transformed and adjusted to enhance safety; on the other hand, some cities The original functional layout, building facilities, and space environment are no longer adapted to the higher living needs of residents, and it is necessary to enhance the people's sense of happiness and security through urban renewal.

　　According to incomplete statistics from reporters from the Rule of Law Daily, at present, nearly 20 cities including Beijing, Shanghai, Shenzhen, Guangzhou, Xiamen, and Tianjin have proposed the implementation of urban renewal actions in the urban-level "14th Five-Year Plan" outline. Promote the transformation of old communities, shanty towns, and urban villages.

　　With the continuous development of urban renewal, more and more management measures, implementation rules and other policy documents have been released one after another, and many cities have built a top-level urban renewal policy system according to local conditions.

For example, Beijing issued the "Guiding Opinions on the Implementation of Urban Renewal Actions" and Chongqing issued the "Chongqing City Urban Renewal Management Measures."

It is worth noting that the "Regulations on Urban Renewal of the Shenzhen Special Economic Zone" came into effect on March 1 this year, and Shenzhen became the first city in my country to implement legislation on urban renewal.

Reconstruction of old communities is an important part

　　On July 22, Wang Fei, director of the Beijing Municipal Commission of Housing and Urban-Rural Development, disclosed for the first time in the “Citizen Dialogue Leader · Proposal Handling Face-to-face” all-media live interview program. By the end of 2025, the city will strive to basically complete the transformation of about 100 million square meters of old communities. At the same time, it is necessary to install more than 1,000 elevators.

　　As an important part of urban renewal, the transformation of old communities has already begun in many cities.

Prior to this, the Ministry of Housing and Urban-Rural Development has launched pilot projects for the transformation of old urban communities in 15 cities including Guangzhou.

According to data released by the Ministry of Housing and Urban-Rural Development, in 2020, 40,300 new urban and old communities will be renovated across the country, benefiting about 7.36 million residents.

　　The "14th Five-Year Plan" and the 2035 long-term goal outline are presented in the form of a column. Urban renewal includes the completion of the renovation of 219,000 old communities in cities and towns completed before the end of 2000, the basic completion of the renovation of old factories in large cities, and the renovation of a number of large-scale old In the neighborhood, a batch of urban villages will be transformed according to local conditions.

　　However, it is not easy to implement the transformation of the old community. In addition to solving the problems of aging facilities, difficult elevator installation, and difficult parking, it must also solve the problems of funding sources.

In this regard, Shenzhen, Guangzhou and other places have made corresponding system designs when they legislated.

　　The "Guangzhou Urban Renewal Regulations (Draft for Comment)" has increased its support for urban renewal micro-renovation from four aspects: a series of bottlenecks such as the difficulty in tapping the potential of micro-renovation projects, the difficulty in approving and permitting, and the difficulty in raising funds. Solution measures: The funding problem for the renovation of old communities can be solved through project portfolio implementation, and the implementation of old community reconstruction projects should be given priority to improve the quality of life of residents and make up for the shortcomings of people’s livelihood; those involving land use and the conversion of building functions, through formulation The positive and negative lists are managed; the micro-renovation projects are encouraged to implement energy-saving renovations to improve the green and low-carbon level of buildings, and the use of renewable energy technologies to carry out green renovations.

　　"The transformation of old communities is an important part of the urban renewal action, and among them, the transformation of dilapidated houses is the most important. For the government, this is the top priority in urban renewal. It is related to the safety of people’s lives and property. It should be proactively undertaken. Take land replacement and other methods to fully mobilize the enthusiasm of social capital, and make every effort to complete this people's livelihood project." Sun Yuhua said.

Effectively solve the difficult problem of urban renewal and relocation

　　Urban renewal is an important means to revitalize the stock of land and realize the economical and intensive use of land resources.

But in the process of urban renewal action, relocation has always been a hard bone to crack. The problem of “as long as one household disagrees, urban renewal projects will be suspended”, which often makes urban renewal projects slow or even stalled.

　　"Shenzhen Special Economic Zone Urban Renewal Regulations" created an "individual expropriation + administrative litigation" mechanism-the area of ​​the exclusive part of the old residential area that has signed the relocation compensation agreement and the number of property owners account for not less than 95%, and the district government can Expropriation will be implemented on some unsigned houses.

If the expropriated person is dissatisfied, he may apply for administrative reconsideration or file an administrative lawsuit.

This is hailed by the industry as a "nail household" solution mechanism, which effectively solves the demolition problem of urban renewal.

　　The "Guangzhou City Urban Renewal Regulations (Draft for Solicitation of Comments)" proposed that the relocation and resettlement of urban renewal should be carried out in an orderly manner to ensure that the resettlement is in place.

At the same time, in order to ensure that the interests of the majority of people are protected, the draft for consultation has designed relevant systems to incorporate dispute resolution methods into the track of the rule of law.

　　Sun Yuhua pointed out that urban renewal is an integral part of the implementation of urban planning and the reconstruction of the overall urban space and land value.

The purpose of urban renewal is to continuously improve the quality of urban human settlements, the quality of people's lives, and the competitiveness of the city, maintain and enhance public interests, and promote the implementation of urban planning.

Through legislation, the problem of difficulty in urban renewal and relocation can be solved effectively, which will help protect the rights and interests of multiple parties.

Smooth expression channels to mobilize the enthusiasm of multiple parties

　　In recent years, Yuhua Sun has been paying attention to urban renewal actions. He noticed that when Shenzhen, Guangzhou and other places formulated urban renewal regulations, there were not only places with consistent content, but also focused on making targeted regulations based on local conditions. “For example, Shenzhen Both Guangzhou and Guangzhou used a market-oriented model to promote urban renewal under the premise of adhering to the government's overall planning in their legislation, but combined their respective experiences in specific practices."

　　Sun Yuhua said that the level of development of the collective economy in Guangzhou is relatively high. Therefore, Guangzhou pays attention to the power of the collective economy in its legislation to solve many problems in urban renewal.

For example, the first paragraph of Article 44 of the Draft for Opinions stipulates that after the project implementation plan takes effect, the rural collective economic organization can report to the agency that originally approved the land use for approval to recover the collective land use right in accordance with the Land Administration Law of the People's Republic of China.

　　"Shenzhen and Guangzhou both adhere to a principle when making urban renewal legislation-the government will give full play to the decisive role of the market in resource allocation and fully mobilize the enthusiasm of all parties on the basis of firmly grasping the power of urban planning." Sun Yuhua Say.

　　Liu Junhai, a professor at the School of Law of Renmin University of China, believes that the implementation of urban renewal actions is of great and far-reaching significance in continuously satisfying the people’s growing needs for a better life. Therefore, it is necessary to participate in the public when regulating urban renewal actions through legislation. The way to make provisions.

　　Adhering to the priority of people's livelihood, co-governance and sharing are also important principles that localities adhere to when making urban renewal legislation.

For example, the "Guangzhou City Urban Renewal Regulations (Draft for Comment)" has set up a special chapter on rights and interests protection to make detailed regulations on the rights and interests of village collectives, villagers, residents, and interested parties to protect their legitimate rights and interests, smooth channels for expressing opinions, and properly Deal with the interests of the masses.