중국의 도시 건물 철거보상 및 이주정착 제도에 관한 연구

A Study on the Dismantlement of Urban Buildings and Compensation on New Settlement Policy in China

1. CONTENTS (1) RESEARCH OBJECTIVES A rapid urbanization is undergoing throughout the China since the Reform and Open-door Policy in 1978. The urbanization obviously involves various societal issues while processing a rapid urban redevelopment, especially the expropriation and compensation issues on the private property rights are emerging as a major problem. This paper diagnoses issues regarding the dismantlement of urban building and the compensation on new settlement policy for identifying solutions. The diagnosis in based on the criteria including ; building dismantlement, fundamental legal acts on the new settlement policy as well as the interest groups and objects, processes and effects for the building dismantlement and new settlement policy, dismantlement appraisals and etc. in order to identify current problems for the dismantlement of urban buildings and he compensation on new settlement policy in China. (2) RESEARCH METHOD Literature research, Field research (3) RESEARCH FINDINGS Since there are no similar researches conducted on this field, this paper initially analyzes the basic materials on the dismantlement of urban buildings and the compensation on new settlement policy. The analysis clarifies the contents and characteristics on the dismantlement of urban buildings and the compensation on new settlement policy. In conclusion, this paper overviews and identifies problems of China's the dismantlement of urban buildings and the compensation on new settlement policy. 2. RESULTS Although the Chinese governments and authorities have been revising the private property rights and related policies since the Reform and Open-door Policy in 1978, there are yet to overcome the disparity of wealth and tensions among the dispossed people those who are forced to move out from he urban cities during the redevelopment. The dismantlement of urban buildings and the compensation on new settlement policy in China has many problems. For example, there are no definite regulations regarding the concept and category of the public interest as well as completed regulations regarding the urban redevelopment policy exists. Also problems such as arbitrary abuse of official powers, low standard of compensation, limited consequential loss compensation, problems with market value assessment, non-uniform compensation standards and lack of transparency and etc. still need to be resolved. Therefore, further works and improvements are required to maintain the legitimate policies on the dismantlement of urban buildings and the compensation on new settlement according to the actual real estates markets.