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The Property Right System Construction And Protection Research On Urban Historic Districts With Large Amount Of Traditional Residences

Posted on:2013-12-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y HuangFull Text:PDF
GTID:1222330467964102Subject:Human Geography
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The historic districts with large amount of traditional residences not only retain a number of excellent historical and cultural legacy, but also closely related to the lives of area. Under the background of transition and Social diversity, the renovation and protection of these areas in china are not good, the update concepts and techniques are obsolete, which arise social problems and the widely concentration of various field such as urban planning, urban economics and human geography. Based on property right angle of view, this paper concluded the property right problems on urban traditional residential historic area. By employing property right methodology, this paper analyzed the whole process of property right protection including property definition, property setting, property trade and property protection, which expecting to find a way to ticket out of this dilemma of protection and renewal.The dissertation is divided into nine chapters, which approximate155,000words.Chapter1. Introduction. By deeply analyzing the theme background, this paper explains the relationship between property right and urban traditional residential historic districts. In the aspects of discipline construction, development transition, cultural construction and city renewal, the theoretical and practical value were discussed, and the research methodology, research path and frame were put forward.Chapter2. The review of related research at home and abroad. By summarizing the property right theory at home and abroad, the research foundation is settled down from the property right angle of view. By analysis and summary on concept, characteristic, protection and renewal research about traditional residential historic district, this paper points out the essential differences on protection and renovation between traditional residential historic district and other districts. By analysis on protection and renovation from international items, this paper gives the guidance and basis for the protection and renovation of traditional residential historic district in china, and providing the reference for residential historic district protection which are suitable for our country.Chapter3. The problems on situation and property right of traditional residential historic districts. The badly damage of architecture structure, the change of texture of traditional streets and lanes, the thinner atmosphere of traditional history, the lagging of infrastructure, the low quality of living environment, and the complex property right and high density, are the main present problems. In the aspect of present property right, the fuzzy subject caused relevant parties for protection and renewal of power shortage, while the fuzzy definition of property relationship resulted in a serious lack of protection and renewal of behavior. Meanwhile, the incomplete property right system is the main cause of traditional residential historic district problems. Rights and related laws and regulations system construction is still not perfect, serious influences our country area protection and renewal of legal construction of seriousness and impartiality, also has a direct impact on the protection and renewal effect.Chapter4. The relationship between property right and protection and renovation of traditional residential historic district. Small scale, progressive is the fittest protection mode. The current property rights as the basis, to aboriginal people as the main body, with a courtyard for the unit transformation way is the most beneficial to save lots of historical relics, maintenance of lots of social organization. Ensuring the stability of original social structure, is the key content of manifesting the social justice. In order to realize the area social structure stability, we encouraging aboriginal movements instead of all relocation, demolition, and this is reflection of social development and progress, which also protects the legitimate rights and interests of the inevitable demand of residents. By arranging property right system properly, the uncertainty of protection and renewal can be reduced efficiently, and implements the effect externality internalization of protection and renewal, and is able to produce the main incentive efficiency, encouraging the active participation in the protection updating.Chapter5. The property right game of urban traditional residential historic districts. From the game theory angle of view, the game relationship was analyzed, and the causes of profit-oriented mode was explained, this paper points out the empty of restraint contract is the key point. Reasonable property rights system construction, the main parties of right and benefit between content and form in property right clear, according to the behavior of stakeholders suggests a fair reward and punishment measures, is to play game contract function. The game theory is applied to protection and renewal of traditional residential historic districts, this paper analyzes on the process of transformation in different parties in the mode of benefit distribution, and finding a clear definition of the cooperative property right whether government subject and social subject, whether in short-term benefit also is a long-term benefits, rights, interests in share distribution, responsibility are better than other options.Chapter6. Housing property rights configuration of the traditional residential type of Historic District, based on the Property Rights Theory. Under the guidance of the Property Rights Theory, the paper explored the property owner and the ownership composition of the residential Historic District, as well as re-adjustment and distribution of these ownerships. Then the paper proposed that based on the investigation of the constitution of the existing property subject, the legitimate interests of the existing property subject should be paid fully respect, and a diversified property subject collection of private, public and collective ownership should be constructed. There are five rights composing the traditional urban residential type of Historic Districts property, including the narrow sense of ownership, the right of possession, the right of disposition, the right to use and the right to proceed. With the mutual combination or division of these rights, the basic framework of property rights system is constituted. Aimed at the different property status in the district, an ownership configuration system of diversified subject participation and multi-dimensional ownership combination is constructed respectively.Chapter7. The property right transactions and protections of the urban traditional residential type of Historic Districts, based on the Property Right Theory. A reasonable property right market could provide a fair, open platform for the trading, realizing the resources transfer from inefficient to efficient in the historical district. By improving the legal system of the of multi-level protection of property rights, a strict and effective guarantee of property rights in the urban traditional residential type of Historic District is implanted, which could make efforts in improving the residents’enthusiasm in the work of district protection and renewal, ensuring the unity of the powers and responsibilities of each subject, as well as avoiding the occurrence of violations and creating a harmonious social atmosphere. The construction and improvement of the supervision system, public participation system and the inform commitment system will be conductive to protect the legitimate rights of the residents, to enhance the influence of public participation, to clearly define the rights, responsibilities and obligations of the subjects, as well as to promote the protection and renewal process and guarantee the results from damage..Chapter8. A Case Study-Protection and regeneration of the traditional residential type of Historic Districts in the Gate West Area in Southern Nanjing. Based on the analysis of the current situation, the protection and regeneration of the traditional residential type of Historic District in southern Nanjing, this paper focused on t property rights status of the district. An in-depth analysis is expanded from four aspects, including the history of property rights evolution, the relationship between the current property and the architectures, the streets and courtyard, and the residents. By elements superimposition, the adjustment of property rights is emphasized and the property right subjects get adjusted and reconfigured. Meanwhile, according to the specific needs of the let renovation, the courtyard space of Gate West area is restricting based on the property theory and method. Finally, the expected results of district protection and update are evaluated by using SD method..Chapter9. Conclusions and prospects. As a conclusion, the construction of the property system, the protection and regeneration of urban traditional residential type of Historic District and the research of case study area are summarized. Furthermore, some of the problems and further research directions are discussed and prospected.With an overview of the full text, several innovative attempts are focused in the following areas:1. A theoretical framework of residential property rights reconstruction in the Historic District which is based on cooperative game theory is proposed. Starting from the property rights perspective, this paper reviewed the property rights problems of the urban traditional residential type of Historic Districts and analyzed the relationship between property rights and the district protection, noting that clarity of property rights is the basis of reasonable protection and regeneration and arrangements for the property rights system can reduce the uncertainty in the district protection and regeneration, which could achieve the internalization of external effects and produce incentive effects and constraint functions among different property subjects. Meanwhile, by analyzing the game relationship among various stakeholders, this paper pointed out that during the leap from the current non-cooperative game to cooperative game, the construction of new property system could effectively assume the functions of binding property subjects’behavior and guaranteeing the game contract of game allocation.2. This paper constructed a property system for the protection and regeneration of the traditional residential type of Historic District. First of all, it is a diversified multi-dimensional property rights configuration. By a rational arrangement of property rights system, many forces from government, community groups and residents are used to stimulate protection and regeneration of enthusiasm on the one hand; meanwhile, on the other hand, the rational allocation of the property rights among different subjects could clearly define the respective responsibilities and interests, allocate the benefits of protection and regeneration rationally and shared the fruits of protection and regeneration. Secondly, it is an improvement of the property rights trading market and a construction of multi-level protection system of property rights. The achievement of implementing the diversified multi-dimensional property rights configuration and protecting the regeneration target cannot be separated from the construction of multi-level protection system of property rights, and the efficient utilization of resource in the historic district cannot be separated from the improvement of property trading market. The paper believes that a reasonable value assessment of the property rights is the basis of market transactions, the transparency of information in the property trading is an important part of a smooth transaction, and the improvement of relevant law system is the guarantee of legitimate rights during the transaction.3. This paper proposed a new planning method of preservation and regeneration for Historic Districts which is based on the perspective of property rights. The paper attempts to use the SD method, inviting residents to pre-assess on the results of the protection and regeneration. The results shows that paying respect to the status quo of the residents’property rights basis and conducting a gradual transformation in the courtyard is a more balanced method in allocating various subjects’interests, which could maximize the comprehensive interests and achieve public benefits.
Keywords/Search Tags:Property Rights, System Construction, Traditional Residential Type of HistoricDistrict, Game, Southern Nanjing
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