The Functional Analysis On Regulations Of Illegal Constructions

At present, illegal construction has become one of the hot pots wherever in Chinese cities or its countryside. On one side, the illegal construction can lead to the administrative punishments, such as "variation by the prescribed time", "dismantling"and "fining ". One the other side, the fact of the precious urban land results in the numerous illegal constructions. Those two aspects never seem to be compatible. Therefore, how to resolve the dilemma situation has become a concerning issue. After investigating the administrative practice of the illegal construction on the Middle Fu Xing Road and Wu Yuan Road in Xu Hui District, I sense the provisions of managements on illegal construction can't be carried out effectively, meanwhile the administrative department on buildings adopt the totally different measures to manage three kinds of illegal constructions which are in great existences. In this article, I analyze the practice of managements on illegal construction by listing the department's considerations. Then after contrasting the provision with the practice, I lay out the functions of practice, which are not possessed by the provision. The method that this article uses is the case analysis and concept logical analysis. The former is used mostly on gathering information and material and system background analysis, the latter is mainly applied on steady system contents and structure analysis. This article is divided into 5 chapters. Besides the introduction, the other chapters'structure is as followed: Chapter 1: discuss the concept of illegal construction and list the provisions of administrative punishments to lay out the legal functions of managements on illegal constructions Chapter 2: take the administrative practice of the Fu Xing Road and Wu Yuan Road in Xu Hui District as examples to examine the realized degree of the legal functions of provisions on illegal constructions Chapter 3: according to the on-site survey materials, analysis the administrative department's considerations in the frame of "condition & effect"in order to compare the practical functions with the legal functions Conclusion: puts forward relevant solutions After the analysis on all those chapters, the author believes that the provisions of the managements on illegal constructions are in the situation of dysfunction and non-function, meanwhile, from the point of functionalism and public policy, the administrative practice is performing effectively. How to harmonize the provision and the practice is worth academic researching.