In order to ensure public participation,local legislation has set two consent rates for the demolition and reconstruction of old Residential District Renewal:the first one is the consent rate of plan-ning,which means It is required that with the consent of the property right owner with an exclusive part area of more than 95%and 95%of the total number of people can only apply for the planningofurban re-newal unit.The second one is the consent rate of taking,which means it is required 95%of the property owners to sign the contract,after mediation fails,the government can start the collection of those who do not agree.But in practice,the consent rate of planning is highly set,so it is difficult to stimulate the en-thusiasm of the declaration.Theconsent rateof taking is rigidly set,so it is difficult to deal with different sit-uations.The practice dilemma requires the reconstruction of the theory.Firstly,the consent ratio of planning does not belong to"invade administration",so under the guidance of"grant administration"and"guaran-tee administration",the consent ratio of planning should be reduced to form a competing urban renewal u-nit plan for substantive review by the government.Secondly,the consent ratio oftaking cannot rigidly reflect the"quantity",but should correctly balance"quantity and quality".For different residential conditions,the corresponding consent ratio of taking should be matched.In addition,the government should intervene in mediation to promote the achievement of the two consent rates.
关键词
征收/城市更新/公共利益/申报同意比例/实施同意比例
Key words
Expropriation/Urban Renewal/Public Interest/Consent Rate of Planning/Consent Rate of Taking