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城市规划对城市土地价值产生巨大影响,这部分利益的分配与社会公平和效率息息相关。城市规划利益还原是指正义地分配城市规划带来的土地利益改变。本文首先对城市规划利益还原的概念内涵进行界定,指出它与土地增值利益还原研究在范围与内涵上的重合和差异。接着,对功利主义、社会公平及平等主义视角下的分配正义原则在城市规划利益分配上的应用进行辨析,综合考虑不同原则的局限性与适用性,以平等主义的正义理论为主要依据,提出城市规划利益还原的公平原则和效率原则。公平原则指受益者负担,受损者得到补偿的原则,该原则下土地权利人应将其增值收益进行社会共享;效率原则指为了追求效率而忍受的不平等要以实现最不利者的最大利益为目标,即需要满足社会公众对土地增值利益的共享与土地改良间接收益之和的最大化。
Urban planning has a huge impact on the value of urban land. The distribution of these benefits is closely linked to social equity and efficiency. The restoration of urban planning benefits refers to the just distribution of land benefits brought about by urban planning. This paper firstly defines the connotation of the concept of urban planning restoration and points out the coincidence and difference between it and the research on the return reduction of added value of land. Then, this paper analyzes the application of the principle of distributive justice under the perspective of utilitarianism, social equity and egalitarianism in the distribution of benefits of urban planning. By considering the limitations and applicability of different principles, the author puts forward the principle of justice based on egalitarianism The principle of fairness and efficiency of restoring the interests of urban planning. The principle of fairness refers to the principle that the beneficiary bears the burden and the injured person is compensated. Under this principle, land rights holders should share their value-added benefits for social sharing. The principle of efficiency refers to the inequality endured in pursuit of efficiency in order to realize the best interests of the most disadvantaged people As the goal, it is necessary to satisfy the public’s maximization of the sum of the benefits of land appreciation and the indirect benefits of land improvement.