Joint theme sharing session between the Real Estate Dispute Resolution Professional Committee and the Urban Renewal Professional Committee
On the afternoon of March 21, 2023, a sharing session jointly sponsored by the Real Estate Dispute Resolution Professional Committee of the Real Estate and Construction Engineering Research Center and the Urban Renewal Professional Committee was held in the Zhiheng Conference Room on the 22nd floor of the Radio and Television Financial Center. The sharing session was divided into a first-half theme sharing and a second-half roundtable discussion. The sharing session was chaired by Lawyer Liu Kun, Secretary General of the Real Estate Dispute Resolution Professional Committee.
At the beginning of the theme sharing, Lawyer Deng Minmin, Director of the Real Estate Dispute Resolution Professional Committee, expressed his great honor to jointly organize the theme sharing session with the Urban Renewal Professional Committee, and briefly introduced the background of the report with the theme "Shenzhen Collective Land Sale and Lease Contract Dispute Case Study" and the specific issues studied by the team members. At the same time, I hope that all members who participate in the sharing session can gain something.
Subsequently, members of Zhang Shanhua's legal team brought the theme of "Case Study of Shenzhen Collective Land Sale and Lease Contract Disputes" to share. Zhang Shanhua's legal team members Ma Yuande, Yuan Wenzhu, Liu Lin, and Zhang Cheng respectively shared topics on the effectiveness of collective land sale contracts, buyer's loss compensation in the case of invalid land sale contracts, collective land lease contract effectiveness research, and lessee's loss compensation in collective land lease contract disputes.
The sharer retrieved relevant cases and formed a research report, leading everyone to understand the handling methods of disputes over collective land sales and lease contracts in Shenzhen in judicial practice, and put forward extended thinking questions for discussion and exchange with the participating members.
After the theme sharing of "Shenzhen Collective Land Sales and Lease Contract Disputes Case Study", lawyer Ouyang Kang, deputy director of the Construction Engineering Professional Committee, took the stage and shared his experience on "Administrative Confirmation Cases and Urban Renewal Business". Lawyer Ouyang Kang conducted statistics on more than 300 administrative confirmation cases in Shenzhen in recent years, and screened out dozens of administrative confirmation cases related to urban renewal business. Then, he conducted a statistical analysis of the cases from the perspectives of the judgment results, the reasons for rejection, and the distribution of the reasons for the case. He deeply analyzed the judicial judgment views and administrative organ handling ideas of individual classic cases, and summarized personal research experiences, and put forward business development and marketing suggestions.
In the second half of the roundtable discussion, lawyer Liang Rong, director of the Urban Renewal Professional Committee, briefly introduced the purpose and significance of this roundtable discussion.
Lawyer Liang Rong said that the land in Shenzhen is complex due to system and policy changes, and the nature of the land needs to be grasped during the processing of projects such as urban renewal and overall benefit planning, which is the starting point for dealing with the problem; in addition, the flexibility space for dealing with the aforementioned issues through litigation is small, and the court generally does not handle the entity, but the flexibility space is large when dealing with the aforementioned related issues by non-litigation. All parties can balance their interests through full consultation, so as to resolve contradictions and disputes and then promote the project. I hope that through this round table discussion, it will bring enlightening thinking for everyone to deal with related business. At the same time, I hope that through case review and policy research, a set of rules or rules can be summarized and analyzed. To guide the handling of our business.
Lawyer Deng Minmin, Director of the Real Estate Dispute Resolution Professional Committee, and Lawyer Li Huijie, Deputy Director of the Urban Renewal Professional Committee, shared their personal views and experiences respectively.
Deng Minmin, a lawyer, based on his team's experience, proposed that in the process of handling real estate litigation and non-litigation projects, it is necessary to study and formulate appropriate negotiation strategies. The core is to solve the problem of the distribution of interests of all parties, and the difficulty lies in how to balance the interests of all parties. He also expressed his personal views and opinions on the validity of the sales contract and lease contract involved in rural collective land, the nature of the untransferred land in Shenzhen, whether the seller or the lessor can obtain court support for the return of the land, and how to deal with the buildings on the ground.
Lawyer Li Huijie said that when dealing with land-related business, it is necessary to combine the actual needs of different parties. The ultimate goal of the relocated person is to clear the site and move the project forward as soon as possible, while the relocated person hopes to maximize the benefits. If the aforementioned land-related business is resolved through litigation, the result is very uncertain and may not meet the demands of all parties. Therefore, as far as possible, the problem should be solved by non-litigation means such as negotiation and negotiation to achieve satisfactory results for all parties.
The members participating in the roundtable discussion reached a consensus through heated discussions, and on the disputes arising from the transfer and lease of collective land in Shenzhen, combined with the case search analysis and discussion in this issue, they agreed that, in view of the fact that the court does not have a unified judgment view on many legal issues, especially in the distribution of interests, the judge has greater discretion, so it is necessary to prosecute carefully; and case studies help both parties to clarify their own negotiating bottom line, so cases also have significant research value; this activity's combination of case study sharing and practical experience discussion has also been unanimously recognized by the participating members.
The roundtable discussion came to an end. Lawyer Zhang Shanhua, director of the Real Estate and Construction Engineering Research Center, and lawyer Zhang Xiulan made wonderful comments and experience sharing. The participants expressed that they had gained a lot and benefited a lot from this sharing meeting.
Finally, lawyer Li Huahong, executive director of the Real Estate and Construction Engineering Research Center, concluded his speech. Lawyer Li Huahong said that this joint sharing meeting highlights the spirit of real estate and construction engineering research center's dedication to research and the determination to strengthen professional construction. In the future, the real estate and construction engineering research center will also do a good job of professional construction incubation platform, empower Zhiheng professional construction, and help build a strong brand.
END
Editor | Zhiheng Publicity Department
Review | Li Mei, Deputy Secretary General of the Real Estate and Construction Engineering Research Center