Research On The Protection Of Urban Historic Area From The Perspective Of The Balance Between Public And Private Rights

With a number of major meetings and the promulgation of the policy,including the convening of The Third United Nations Conference on housing and urban sustainable development,promulgating the "National New Urbanization Plan",the convening of The Central Urban Work Conference,the evaluation of the first batch of historical and cultural blocks,revising "the people's Republic of China cultural relics protection law" etc.,Continued decades of historic preservation work has once again become an important part of urban construction in china.At present,the concept of historical protection has been gradually improved,and the experience of protection has been gradually accumulated,but the protection and development of urban historic areas still show all kinds of obstacles and problems: On the one hand,the expropriation of property presents the difficulty of evaluating the heritage in the issue of protection,and the "gentrification" in the issue of development;On the other hand,property restriction measures presents imperfect incentive subsidies in the issue of protection,and the residents living interference in the issue of development.In the face of these obstacles and problems,the author puts forward the following questions as clues: What`s the crux of these obstacles and problems? What are the internal causes and the formation mechanism of the crux? In the face of this crux,what`s the solution? To implement these solutions,what changes should be made in the protection of the existing urban historic areas in China?Focuses on the research clue,this paper collected a number of news reports about the protection of urban historic areas blocked in China and analyzes these events,and finds that the crux of these problems lies in the conflict between public and private rights caused by the coincidence of property value and historical value.The crux of the internal causes are reflected in four aspects as follows:First,there are a large number of private property rights in the urban historic area,and gathered more vulnerable groups,such as the elderly,low-income people,so that the rights of private demand is more intense;Second,because the protection of the private rights of the existing laws and regulations of the urban historic area is not clear,in the context of strong public power,it is difficult to protect private rights;Third,it is precisely because of the unclear protection of private rights in the relevant laws and regulations,compensation for expropriation,restrictions on subsidies,improvement of life and other private rights after the infringement of relief measures will be difficult to produce;Fourth,the protection planning system as the core of the protection of urban historical sites in our country,the planning content is often not enough attention to the issue of property rights and the improvement of people's livelihood.Based on these analysis,this paper widely studies the domestic and foreign related cases,and puts forward the framework of the concept of the balance of public and private rights,including "one goal,two major issues,the three tasks".Combined with the actual protection planning,this paper explores the possibility of the integration of the framework and the protection planning system in china.The research content can be divided into the following five parts :The first part(chapter 1)illustrates the research background,significance and object,and combed the existing urban planning and urban historic area academic literature,and puts forward the research framework and the research methods to lay the foundation for later writing.The second part(chapter 2,3)classifies the common problems of the protection and development of urban historic areas in our country,and focuses on these common problems based on the understanding of the binary value of historical heritage.And from the two aspects of thought and system,the part analyzes the historical area of our city's public and private rights connotation,and based on the deconstruction of elements of public and private rights conflict on the protection and development of the urban historic areas,analyzes internal factors of the conflicts between public and private rights.The third part(chapter 4,5)bases on the foregoing analysis and combines with domestic and foreign exploration,and summarizes the framework of the concept of the public and private rights balance in the protection and development of urban historic area.Further the chapter summarizes the main points of practical experience at home and abroad and compares these points to undertake the following contents.And the part makes the idea of the framework as the clue,based on the domestic and foreign system and practice,details the balanced strategy of the public and private rights in urban historic areas.In addition,this chapter also describes the interaction between the two issues,thus clear the systematicness and integrity of the strategy of the public and private rights balance.The fourth part(chapter 6)explores the possibility of the integration of the concept of public private right balance and the protection planning of urban historic areas in our country,and makes a practical discussion on the protection planning of Jinxian historic area in Nanchang,in order to make clear the possibility of realizing the balance of public and private rights under the background of our country's system.The fifth part(chapter 7)is the conclusion of the paper,summarizes the innovation and shortcomings of this paper,and makes a prospect for future research.