Research On Public Power Intervention In The Reconstruction Of Urban Villages

The protection of land rights of villagers is an appropriate requirement for the reconstruction of urban villages.At present,it is a common practice for local governments to promote the reconstruction of urban villages from top to bottom through land expropriation.The essence of this is that the government monopolizes development rights of land and excessively interferes with the freedom of land management by the villagers through public power.Not only does the abuse of land expropriation by the government in the commercial reconstruction of urban villages violate the purpose of public interest,but also it violates the spirit of protection of rights,resulting in the right to land of villagers can not be achieved.Judging from the process of urbanization,the formation of land rights of villagers in urban villages has its unique historical roots.During the process of reconstruction of urban villages,in order to pursue the values of fairness and efficiency,the government should strictly control the limits of public power intervention,giving priority to the market to configure land rights.It is of great significance to reconstruct public power intervention in the reconstruction of urban villages.In order to fully realize the self-development willingness of villagers in urban villages,national and local legislation should establish a system of "empowerment of development" for the reconstruction of urban villages.While giving villagers the right to land development,it must explicitly prohibit profitable land expropriation.Under the marketization mechanism of“empowerment of development”,villagers in urban villages can develop or seek cooperation with real estate developers independently.On the basis of this,the government should only perform the role of “ coordinator ” and“ supervisor ”,specifically,it is to establish an open and transparent government planning system,a public welfare construction system,a supervision system for villages' collective organization and real estate developers,and a protection system for historical and cultural buildings,besides,security system of villages' collectiveorganization to implement "majority decision" mechanism is essential.Only by perfecting the legislation of the urban villages and basing on protecting the land rights of the villagers,can the government truly change from "leading development" to "limited intervention" and from "sacrificing the land rights of villagers " to "respecting the freedom of land management of villagers."...