The Housing Levy Studies Of The Old Town Renovation

From the80s last century, the Old Town Renovation (OTR) has an increasingsignificant impacts on the urban development in China. The OTR does not only fixthe urban space shortage, but also re-fresh the urban landscape in a short period aswell. As mentioned in “the Housing on State-owned Land Compensation Ordinance(HSLCO)” by the State Department in21stJanuary2011, the OTR was recognized as“the action for protecting national security, improving the national economy, andsocial community development”. Therefore, the OTR has become one of thesaturations of “the housing on state-owned land”. Besides, the requirement andworking process of HSLCO has been cleared. However, a number of legal issuescame across during the OTR activities. Overall, this dissertation will analyze anddiscuss the legal issues in the OTR.The OTR should be under the controls at the present. On an economic view, theOTR will contribute the real estate bubble expansion, and threaten the financialsecurity as well. On the other hand, it will not benefit the development of aservice-oriented government and the rules of law.More specifically, first, the body of OTR is the local city councils, includingdifferent administrative levels. In this case, municipality city council is not the bodyof the property levying, while the qualification of the development zone city councilis limited by the authorization from an upper lever city council. In addition, the bodyof the property levying should responsible for the corresponding legal issues, such asthe resettlement and damage compensation and so on.Secondly, the objective of HSLCO is recognized as the region, where suffers thedangerous concentration and poor infrastructure. In practice, the Dangerous HousingSurvey and the residents wishes should be the judgment of “dangerous concentrationand poor infrastructure” identification.Third, although there were restrict rules in HSLCO, there were not such strictactions in practice. Many factors had contributed this phenomenon, such as lack ofthe implementation of punishment, violation oversight and so on. Meanwhile, the levying process within HSLCO has to be improved as well, especially for thedecision-making procedures.Besides, the public benefit is the requirement of HSLCO. Hence, theidentification of the public benefit during the OTR process is the key issue for thedecision makers. Even so, the identification can be divided into two sections. On onehand, from an entity vies, the OTR should follow the rules of openness, transparency,necessity, full of demand and balancing the benefits. On the other hand, from apractice view, the OTR should follow the working flows of property condition survey,dangerous identification, urban planning judgment, and China NPC deliberation.Finally,the rights of the state-owned land after disposal should follow the publicwelfare. Therefore, it has to be restricted to transfer the land use right after disposal.Specifically, the ways of strokes and/or tender can be widely used, since they canlimit the benefit activities.