중국 심천시(深圳市) '도시마을(城中村)' 개조의 법적 문제에 대한 고찰

Abstract

In recent years, China’s urbanization process has rapidly advanced, particularly in major cities such as Beijing, Shanghai, Guangzhou, and Shenzhen. These cities have developed into large or mega-cities, and a substantial amount of collectively-owned rural land has been expropriated and converted into state-owned land. Urban redevelopment and the renovation of urban villages have emerged as new strategic measures to shift the development model of mega-cities. However, numerous issues have arisen in the process of urban village renovation, including inadequate local legislation at the provincial and municipal levels, lack of institutional systems, various forms of illegal land expropriation of collectively-owned rural land, violent demolitions, and conflicts of interest among stakeholders. These problems have seriously hindered the orderly promotion of urban village renovation, undermined social harmony and stability, and failed to support China’s new development model, the “Dual Circulation Strategy.” In July 2023, the State Council issued the Guidelines for Actively and Steadily Promoting Urban Village Renovation in Mega and Super-large Cities, and the Central Economic Work Conference held in December 2023 emphasized the need to accelerate the “three major projects,” which include the construction of affordable housing, infrastructure, and urban village renovation. However, national-level legislation concerning urban village renovation is still lacking, and local legislation is progressing slowly, leading to an insufficient institutional foundation for promoting these projects. There is a lack of a complete and coherent system—from policy design to implementation mechanisms—and the absence of detailed regulations and procedural improvements is particularly evident. As a result, gaps and disconnections have emerged in the overall procedures of urban village renovation, including comprehensive land use, land ownership expropriation and conversion, project implementation, compensation and relocation standards, environmental improvements, demolition and reconstruction, application of the concurrent demolition-redevelopment model, project and fund management, and dispute resolution. These vulnerabilities have been exploited by unlawful actors, leading to increased project costs. As China’s first special economic zone and national demonstration zone, the city of Shenzhen had, as of November 10, 2024, incorporated 1,046 urban village renovation projects into its urban redevelopment plan, with a cumulative demolition area of 8,860.6 hectares. A total of 731 projects had received approval under the special urban redevelopment plan. Faced with this vast number of urban village renovation projects, the Shenzhen Municipal Government issued the Shenzhen Municipal Government Administrative Regulation [2024] No. 1 on April 27, 2024, addressing issues such as the expropriation of collectively-owned land, urban village renovation, compensation and resettlement, and the disposal of collective assets. However, it remains necessary to continuously evaluate whether these measures are scientific, rational, and lawful. This paper analyzes the experiences and lessons accumulated through Shenzhen’s urban village renovation practices, aims to offer a “Shenzhen experience” for urban village renovation in other regions, and puts forward proposals for systematically building an urban village renovation system to support high-quality urban development.