中國城市更新核准程序與評析

China's Urban Renewal Approval Procedures and Evaluation

中國大陸的城市更新制度儘管起步較晚，尚缺乏國家層面的統一法律規制；但以深圳、上海、廣州等發達城市為代表，對城市更新的管理與核准制度已經進行了大量的實踐與探索並形成了各自的特色模式；廣州市以市一級為主管、核准城市更新的主要機構，深圳與上海則主要將核准權力下放至區級政府；但是在城市更新的具體實踐中還存在有城市更新核准依據不明、政府規劃權與公民私權界定不清晰、核准程序公眾參與缺失、更新後不動產權利歸屬爭議、更新過程中正義與公平價值保障不足、主體利益博弈機制不健全以及更新獎勵機制不完善等法律層面的問題亟需進一步研究解決。

The urban renewal system in the mainland China started late and it lacks unified legal regulation at the national level. However, taking Shenzhen, Shanghai, Guangzhou and other developed cities as the representative, they have formed their own characteristics after a lot of the exploration and practice in the management and approval system of urban renewal. The main institutions that in charge of and approval of urban renewal in Guangzhou are units at the municipal level, while Shenzhen and Shanghai mainly delegate the approval power to the district government; Nevertheless, in the practice of urban renewal, there are still some problems, such as unclear standard for approval, unclear definition between government power and private rights, lack of public participation in the approval process, disputes over the ownership of real property rights after renewal, difficulties of achieving justice and fair value in the process of renewal, imperfect game mechanism of main interests, incomplete reward stimulation mechanism of urban renewal, etc. And these legal issues need to be further studied and resolved.