Research On Urban Renewal In The View Of Administrative Planning Law

Metropolitans are organic entity which might face aging problems as well. When a city declines in both way of physical conditions of urban buildings and economic standards, there is an urgent demand of pushing through redeveloping of the diminished zones: which process is acknowledged as Urban Renewal. While symptoms of the “aging city diseases” differ from nation to nation. From the aspect of east Asia, main problems concerned safety of buildings, vulnerability to natural disasters and constraints of economic developing. In recent decades China has witnessed a rapid growth of urban population and radical reform of Urbanization. While “Urban villages” residues in central area with a lot of severe security and fire risks. According to “Urban and Rural Planning Law”(2007)and “Taking and Compensation regulation of Houses above State-owned Lands”(2011), a government ruled reconstruction hopelessly rely on Dozer and expelling the residents, large amounts of compensation also extremely hinder the healthy developing of Urban Renewal. Changes came after bringing in of the concept” Public private partnership”. Study of Urban Renewal shows a worldwide trend of cooperative administrative law in public issues, Both mainland China and Taiwan District tend to adopt such a methodology in many ways.As a example of PPP mode Urban renewal,Taiwan with limited acreage but high population density and deficit government, has transformed its legal system of Urban Renewal, “Regulation of Urban Renewal” totally changed the old patterns in “Urban Planning law” and other regulations, It takes building plot ratio bonus and reduction of taxes as incentives, attracts citizens themselves participating in rebuilding of their houses or community. Meanwhile, some extra public infrastruture duties even allocation of national public rental housing during the reconstruction of old communities are designed in the PPP Urban Renewal.From the aspects of Administrative law, much innovations of tranditional planning theory should also be noticed. First is the procedural from bottom down to bottom up——which means an administrative planning process is initialed by citizens, residents rather than government: a typicle symbol of “privatization” of Administrative process. Secondly, it enriches content of the Planning activity, which ought to be more flexible with infinite incentives to motive counterparts to fulfill the objects. However, on the other side, PPP mode Urban Renewal has its shortcomings, which lead to “Wen Lin Yuan” crisis, ended with a Judicial Review of the Regulation by Justice. After observing the different approach between Taiwan district and Mainland China.It also contributes to a more thoroughly understanding of a flexible\inductive planning instead of mandatory plan. Various measures are taken aiming at solutions of Old city reconstructionBased on the context above, I discuss this thesis in a way of comparative method \ legal dogmatic analysis and empirical study. I divide this thesis into five main parts.The first chapter is about Basic theory and principle of Urban Renewal, also discusses the background and Legal explanation of its function.After tracing back to the history of Urban renewal, I conclude there are two types of means of Urban renewal planning.The second chapter is about the nature of Urban renewal, which concludes that it is a typical administrative planning, with characteristics of land using and developing.The third chapter is about the due process of Urban Renewal, which indicates that it is a typical multi-level administrative planning, and also argues the possibility of partly privatization of administrative process.The forth chapter is about the incentives in PPP mode Urban Renewal, including construction plot ratio awards, rights transformation and reduction of taxes and fees, which contribute to a win-win Urban Renewal.The fifth chapter is about the reform happening in Chinese mainland, for example Shenzhen, its mirco-unit designating by private party create a new mode of Urban Renewal, which is also similar to what in Taiwan.In conclusion, a softer\tender way of governance can be brought in China’s Urban Renewal, after adapting to the local conditions, which can finally make the Metropolitans more healthy and flourishing.