On The Definition Of The Real Estate Ownership In The Urban Renewal Of Shenzhen

Shenzhen,a young city of China,has made remarkable achievements after 30 years' reform and opening up.However,with the sustained and rapid growth of Shenzhen,the limited space resources become the biggest challenge for the future development of this city.Therefore,the government of Shenzhen adopts a series of policies,such as the urban renewal,the land reorganization and the renovation of shantytowns for the industrial development and the improvement of people's living standard,based on the existing stock land.Among these policies,the urban renewal is very effective.To promote the urban renewal project,it's necessary to clarify the status of real estate ownership within the scope of this project.The situation of Shenzhen's real estate ownership is complex,especially in the districts of Baoan and Longgang.As a result,the government of Shenzhen makes some relevant laws and regulations.It is ruled that the joint-stock cooperative company,which originates from the former rural collective economic organization,should clarify the economic relationship within the legal land plot on its own.Thus the joint-stock cooperative company,which originates from the former rural collective economic organization,forms its own regulation of defining the real estate ownership,independent of legal rules.In other words,the joint-stock cooperative company,originating from the former rural collective economic organization,becomes the subject in terms of defining the ownership of real estate(the subject of confirmation of rights).Some problems lay bare as far as the defining of the real estate ownership in Shenzhen urban renewal is concerned,such as the lack of standard in defining the real estate ownership and the unique legal system of defining the real estate ownership formed by the successor company of the former rural collective economic organization.The root causes of the above issues can be attributed to several factors: the problems left over by land conversion and land expropriation during urbanization,the former rural collective historical land problems,the complex procedure in defining the real estate ownership,the vagueness of the beneficial party because of the defining of the real estate ownership,and the arising of some social concerns caused by the market-oriented compensation system in urban renewal.For the above issues,the author puts forward some corresponding measures from both the institutional level and the operational level.The institutional measures are as follows: sorting out Shenzhen's local laws and regulations concerning the defining of real estate ownership,formulating diversified compensation standards for different types of illegal land use and illegal buildings in urban renewal,restricting the sale of �resettlement property� and charging a certain percentage of taxes when relocating property is sold.The operational measures include: to make a thorough investigation of the status of real estate ownership in Shenzhen,to obey the three principles of defining real estate ownership,and to simplify the procedures for defining the real estate ownership of illegal buildings in the history of urbanization in Shenzhen.