On February 21, the central committee announced a serious pound file: "about Further Strengthens Urban planning Construction management Work Certain Opinions", "Opinion" proposed, must strengthen the block the plan and the construction, in principle no longer constructs seals up the residential district, has completed the residential district and the unit yard must open gradually, implement the internal path publicly, the solution transportation road network topology question, the promotion land saves the use.
Among them, “in principle no longer constructs seals up the residential district, has completed the residential district and the unit yard must open these words gradually”, the initiation warm discussion. Who has completed plot to be authorized to resolve the opening? From now on will not have the enclosed plot, whether to mean the plot no longer will have the property? After the plot opens, how is secure to guarantee? After the plot opens, what coordinated sets of measures has to safeguard everybody's right? Regarding this a series of questions, how had a look at the expert to say. But regarding demolishes the fence whether to violate "Reality of laws", highest characteristics of things customs employee yesterday morning has also carried on the response.
1st, opens the plot pats action the head?
Regarding central this "Opinion", has the question to think that will meet the very big resistance in the executing process, this pats action the head? Why at this time proposed that must demolish the plot the fence? In fact, releases this file the background is undergoes 37 year development, the Chinese city changes with each new day, but the question also many, in particular each kind “urban sickness”, must result in governs, urgent.
Take Beijing as the example, trafficked jams already became the very serious issue. The urbanist said that actually Beijing's passage width other big cities is not narrower than international on, even must be wider, but supports the very big reason which stops up, is the urban leg and so on blood capillary is not unobstructed, the path microcycle is not good.
Before this a picture which spreads in the network also displayed that from is away from ground 5 kilometer high bird's eye view Paris, Washington, Tokyo, can see the spider web general densely covered main route leg, but Beijing zone looked only obtains the Large expanse of yard, the plot and the sparse urban road.
National Development and Planning Commission Mixed transport Research institute macroscopic municipal transportation lab Director Cheng Shidong indicated that the Western country urban development has been the small block, the road network is dense, will not look like our some cities to have the situation frequently which the transportation blood capillary will stop up,
But the enclosed yard or the plot have not only separated the road network transportation, and has affected the city life from many aspects. The expert said that on the majority of life's street, should have better relations. The human walks on the street, has some convenience stores, has the joy person's conditions, the walk space, the greenbelt, rests the place and so on, will let the human be very comfortable. But if walks on a street, side is only the fence, you will think that this road will be very long.
Says from this angle, opens the plot the resolution on meantime, by no means pats action the head, because in central looks like, seals up the plot creates a current urban sickness's big cause of disease.
2nd, opens the plot to violate "Reality of laws"?
Since opens the plot is to solve urban sickness, lets the city be more suitable occupies, then the question has come, who is authorized to open the plot? After all, whether does the plot open involves to owner's interest, in "Reality of laws" already appeared under the background, how do owner's rights and interests earn the respect? Beijing shop facing the street cooperates Secretary General Chen Zhi to believe that regarding had the plot whether to open, should respect the plot land fully the right of use person - - owner's right.
Chen Zhi said that plot use land, regardless of being in the plot constructs the path, the green space, constructs the apartment building the land, first is the developer obtains the right of use from the government hand, after the construction completes, sells gives the owner, but the plot use's land is also partitioned each buying homes owner “on”. At the same time, "Reality of laws" stipulated that if the plot path does not have the stipulation to belong to the municipal administration path explicitly, the property right belongs to all owner. Therefore, regarding already the plot which has, whether to open, should resolve together by the owner.
Beijing University Law school real estate law Research center Director Lou Jianbo said that in the opinion mentions already the residential district and the unit yard which completes must open gradually, has used “gradually” a word. He thought may select when a residential district land employment right 70 year due changes again, or the plot apartment building was already unable to live must reconstruct time changes again.
Chinese Politics and law professor Wang Weiguo believed that government's starting point is good, but carries out time should respect everybody wish and the demand. Wang Weiguo indicated that if the plot path does not have the stipulation to belong to the municipal administration path explicitly, says from the property right belongs to the plot owner, according to the reality of laws stipulation, residential district's land employment right is belongs to the plot interior owner to altogether have, these paths not only then general function, but also has the plot owner parking very multi-purpose and so on other. In addition, opens completely also involves questions and so on security and populace idea, the government cannot carry out forcefully, must respect "Reality of laws".
Looking from expert's viewpoint, under the background which manages state affairs according to law, must open has completed the plot to need to respect the owner fully the right, under full consultation's background, can open gradually, this should be the big probability event.
A Supreme People's Court people courtyard courtyard long distance new article on 23rd was responding in the morning “opens the plot fence whether does violate the reality of laws” when inquiry indicated that at present, the Central Party Committee, the State Council gives this "Comment" belongs to the party and the national policy stratification plane question, involves including the owner the related main body rights and interests safeguard, but also some through legislates to implement the government by law process. Does this i.e., how specifically execute also needs to carry out through the legislation.
3rd, how does the opening use the plot path to compensate?
If the owner agrees to open the plot, becomes the plot path the public way, will have the compensation? Chinese Politics and law professor Wang Weiguo believed that legally speaking, the government must consult the advancement, for instance carries on the essential consultation with the plot owner conference, but must carry on the compensation.
At the same time, must the differential treatment, cannot all at once, “in some local road very scarce situation, probably with all quarters and so on plot owner carry on coordinated; Simply does not have this aspect regarding some plots the demand, the fence opens regarding the alleviation transportation not substantive significance, instead added the security hidden danger, should guarantee in the plot path's life function, as well as owner tranquil and secure demand”.
In addition, regarding the unit yard, Wang Weiguo indicated that wants simple somewhat compared to residential district's question, very many are the state-owned unit, but also has some Enterprise unit, therefore cannot be generally spoken.
Here surface's key question is the land employment right, it including two categories, transfers the land employment right and sells the land employment right. The State-owned business belongs usually transfers the land employment right, but the Enterprise unit must have a look is transfers the land employment right to sell the land employment right.
Wang Weiguo indicated that transfers the land employment right is free obtains, this right of use government may momentarily take back, so long as just compensation then; Regarding sells the land employment right, the government forces when the reclamation must be stems from the public interest need, in the reclamation also needs to prove, and carries on the compensation. The compensation including returns the land employment right residual age limit the land fees from sales, brings the inconvenient compensation, the path construction cost for the plot resident, as well as brings the remedial treatment from this to the resident which carries on inconveniently, including like the noise, the pollution and so on a series of questions, must plan carries on.
4th, after the block, plot property will be cancelled?
If did not have the plot, did not have in the plot path and the green space, whether that also does need the property? Whether can also pay the property expense?
Regarding this, Beijing University Law school real estate law Research center Director Lou Jianbo said that the so-called property, is responsible for the plot the public utility and altogether has spot safeguarding. In a building's corridor, the elevator, two water supplies and so on are the public spot and altogether have the facility, is also needs to safeguard. Therefore the future will also delimit the public spot and altogether has the facility, only will be defers to plan at the appointed time to determine.
“the property essence will not change, only will be the supervisory service mode will have the change.”Lou Jianbo said that therefore the property company will not vanish, the owners still needed the property company to provide the service, only will be serves the form the change, if the past were a plot seals up, the entrance had the security value to defend, future the property security possibly will be comes the value in the building entrance to defend, but after opened on the path went on patrol by police.
5th, how does the fence open safeguards the plot security?
After carrying out the block system, very many people worried how later the plot property will control? The plot security hidden danger will add? Chinese people Public security University Public security Institute Professor Wang Taiyuan believed that the plot public security and is not only solves depending on the seal, the seal cannot solve the security problem, must depend on the control and the guard and so on many aspects, like strengthens the patrol, the protection and so on many kinds of measures strengthens the public security. Implements the block system, also did not mean the public security will have the question. For instance south some city's building overhang, is the typical block system, the residents intercourse is close, the neighborhood relations are harmonious, therefore has not had the problem which the public security worsens.
After the plot opens, the traffic have been many, how does the noise question solve, whether to harass the people? Wang Taiyuan believed that must first look harasses the people to any degree, through the investigation and study, after the judgment passes through, whether to install the sound-insulated wall, regarding different question. Including the noise, the question which involves must draw up specificly, the target-oriented measure carries on the solution, cannot all at once.
Are very now many human to purchase homes, can consider that respective plot house whether to belong to the school district room, the plot has opened, school district Fang Huanhui exists? Regarding this, China Science of education Research institute researcher stored the morning sunlight analysis saying:“the street and were the plot, how the past school district partition the main consideration an important attribute. After future the plot will open, if will not change street's jurisdiction, should not have the too tremendous immediate influence, after if will open, will change the block the jurisdiction, will affect possibly the school district room”.
Chu the morning sunlight believed that should the population consider regarding the school district room, on the one hand, a good school is accumulates for a long time, the surroundings resident is also stabler, except the newly built plot, must change is a long-term process, will not present the fierce change; On the other hand, the school district room from the impetus education balanced, belongs floats on the water surface “the buoy”, displays the water level in where, but do not stare the goal the buoy, the actual problem is the education balanced question, after this question solution, the buoy toward the drop, “the school district room only will be a buoy naturally, if the water level change, the buoy height will also change. The water level is refers to the house the value”.
The Chu morning sunlight indicated that controls as the urban community, looking from the long-term development, provides from the public resource on should pay great attention to be fair, to be balanced, the collective services function should consider by the government whole, but is not according to the community and periphery unit department excessively many suspension hooks.
Opens the plot to need to form a complete set the unit yard to make the model
Opens the plot to have many advantage, has the help regarding the government urban sickness, but in the process which opens, will bring the new question unavoidably. How to solve these problems? Regarding this, the expert thought that this needs to release some coordinated sets of measures.
First, carries out the block system to have “the software” the support. Here said “the software” is mainly the rights and interests partition, "Reality of laws" stipulated that constructs in the regionalization the path, the green space, uses in parking automobile's berth and so on, belongs to the owner to altogether have. Future, the block path, the green space, the parking spot property rights, the right of use, how will the usufruct allocate, but also needs to have in the law stipulates explicitly and subdivides, may not be a muddled account absolutely.
Next, carries out the block system also to have “the hardware” the safeguard. Solves the parking problem, in the estate management question, the conditions question, the residential district questions and so on public space, implements the housing block premise.
Once more, since opens the plot to involve to owner's vital interest, in opens in the process should safeguard owner's participation right and the words power, must undergo the full consultation to be able to open, cannot handle affairs hastily. Regarding newly built must seals up the plot, how do the related rights and interests partition need to inform purchasing homes fully.
Finally, block system's carrying out also needs some units to make the model. Presently, block system's carrying out still faced some questions, in particular people's ideological concept erroneous zone must further dredge, needs some unit yard to take the lead to hang Fan, to eagerly anticipate, speeds up the open step. This point, central "Opinion" was already clear, “the unit yard must open gradually”, the opening seals up the plot to start from some unit yard, will be only then advantageous to future block system smooth carrying out.