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From Neighborhood System to Block System: Legal Analysis of the Intervention of Administrative Public Power |
ZHU Dai-xuan |
Shenzhen Communist Party School, Shenzhen, Guangdong, 518049 |
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Abstract The “block system” reform is an important program initiated by China’s State Council in 2016 to strengthen urban planning and construction. However, how to promote “block system” reform by legitimate and reasonable means is a major issue Chinese legal system and theory have to address. China’s current land system and “House Acquisition from State-owned Land and Compensation Ordinance” can hardly be applied in “block system” reform, and therefore can hardly be its legal basis. They need to be amended and improved. We should change the current grass-root governance with “neighborhoods’ as basic units into the one with “buildings” as basic units so as to lay reasonable basis for the promotion of “block system” reform, such as safer property management service and better supporting public facilities. In practice, the intervention of administrative public power should conform with administrative purposes, make reasonable classification of current neighborhoods, and pursue gradual reform.
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Received: 04 June 2016
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