Research On The Legal Issues Of Compensation For The Demolition Of Old Villages Under The Market-oriented Model

Urban renewal is a strategic measure at the national level.The comprehensive transformation of old villages is the most effective way to increase housing supply and improve public supporting facilities.After years of pilot exploration in Guangdong Province,the operation mechanism of the old village reconstruction of the market-oriented model has been relatively mature,but there are also many legal problems to be solved,especially in the aspect of demolition compensation.The transformation of market-oriented model has no basis at the national legislative level,coupled with frequent changes in local policies and other reasons,the current transformation work is facing the dilemma of "unable to dismantle,unable to afford compensation and unable to agree".The current theoretical research does not clearly define the basic concepts.There are some shortcomings,such as the confusion of the traditional renewal and transformation model,the narrow identification of the spatial scope of the old village,and the unclear distinction between the government led model and the market led model.It is necessary to sort out the current legal and practical situation from the definition of basic theories and concepts.In terms of the subject of rights,the current law does not clearly divide the administrative rights of village collective economic organizations,the absence of compensation distribution qualification and the dilemma of collective voting;For the groups related to demolition,the protection of the current law is not in place.For example,special groups such as "married women" still have practical obstacles in identifying the membership of collective economic organizations and the subject of compensation rights,and the lack of compensation qualification of non villagers’ transferees and lessees.In this regard,on the one hand,we should appropriately increase the objects of compensation and protect the rights and interests of vulnerable groups to achieve "no omission and no emphasis";On the other hand,we should optimize the distribution principle of transformation interests,and turn the part that was compensated to each household beyond the standard to the village collective.In terms of object identification,the compensation of illegal construction is the most important.There are a large number of illegal buildings in urban villages and old suburban villages in China.If they are forcibly demolished without compensation,it is bound to cause extreme opposition and serious conflict between the two sides of demolition;Full compensation will damage the dignity of the law,the legitimate rights and interests of other law-abiding villagers and social fairness and justice.In addition,issues such as "one household with multiple houses" and "open space compensation" are also controversial.In this regard,the principle of differential compensation for different objects should be established at the level of national legislation to ensure the expected interests of illegal buildings and the fair compensation rights and living conditions of builders.The market-oriented mode of demolition compensation is very different from the government expropriation mode,and it is still in its infancy.It is necessary to summarize the problems and put forward suggestions from the past pilot.Through more than ten years of pilot exploration in Guangdong Pearl River Delta,starting from the identification of the core right subject and object,using the research methods of literature research,case study and interview,combining the legal theory and legal practice,analyzing the crux of demolition compensation through combing the relevant laws and regulations and reconstruction cases,and exploring the way to break the difficult problem of demolition compensation for the reconstruction of old villages in China’s market-oriented model.