Study On The Legal System For Urban Renewal From Privacy Subject

With the development of cities in the Chinese Mainland, the irrational planning inthe early stage, the requirements of residents for new community functions thatremain unfulfilled, and the low land use efficiency caused by complicate housingownership and many other reasons contribute to the increasing demand for urbanrenewal. However, in the context of the transformation of governmental functions inthe Chinese Mainland, nongovernmental groups play an increasingly significant rolein the urban renewal projects. Therefore, it would be of great reference value to studythe laws and regulations related to the urban renewal projects launched bynongovernmental groups in China Taiwan that echoes with the Chinese Mainland indifferent stages of economic development.The core objective of urban renewal is to revive urban functions, changecommunity functions and improve land use efficiency. Urban renewal takes threeforms, namely maintenance, renovation and reconstruction and relies on the pursuit oftaking both public and private interests into account as the basis of system design.Urban renewal projects initiated by nongovernmental groups have the obviousadvantages of enjoying more accesses to seek funds, effectively reducing disputes andsignificantly improving efficiency. Therefore, the design of the legal system shows aunique “public-private” cooperation spirit and includes a series of distinct supportingincentives, such as defining their own renewal units, using and implementing therights transformation system, and the government’s proposal to transfer plot ratio.Through researches on the evolution of relevant laws and regulations in fourdifferent stages in Taiwan, we can find that behind the construction of the legalsystem, due to the huge impact of economic and political factors, Taiwan has beenfollowing a path to constantly improve the status of non-governmental groups, gainmore support from them and increase their economic benefits of launching urbanrenewal projects, in terms of overall legislative direction, as well as unit demarcation,renewal group establishment, fair approval of various plans and many otherpreferential policies. This on the one hand promoted the rapid development of urbanrenewal projects launched by nongovernmental groups in Taiwan, and on the otherhand suffered from great setbacks and lapsed into stagnation after the “Wenlin Garden” event.By sorting out and analyzing legal norms in Taiwan and comparing them withrelated systems in the Chinese Mainland, we find that there are problems of the rolesof the government, private groups and developers in the current system. Therefore, Ipropose to base on the current system of Taiwan and its successful and unsuccessfulexperienced to explore the way to construct a legal system for urban renewal projectslaunched by nongovernmental groups in the Chinese Mainland. This paper willdiscuss on the use of public land in urban renewal projects without compensation, onthe rights of nongovernmental groups to mark their own renewal units, on theformation of legal renewal groups dominated by private groups, on theimplementation of the system orientated around power transformation system, and onthe formulation of overall preferential policies.