Illegal Construction Management Legal Countermeasures

Starting from the definition of its basic concept,this paper analyzes the generation and situation of illegal construction in our country,and the problems among its governance. The author attemptes to present some legal solutions concerning about it.Chapter one of this article firstly provides the legal definition of the illegal construction by comparing the local legislations across the country and points out that the illegal construction is against the national or local laws and regulations and it is the "innate illegality" construction. The author also classifies different types of the illegal constructionThen chapter two of this article analyzes the generation and situation of illegal construction in our country.The article considers that the major cause of illegal construction is the coexistence of two-track land ownership, the system deficiencies of expropriation of rural land. This part also. explores the historical development of the illegal construction and analyzes its current situation.The illegal construction work in China has shown a trend of intensifying and gradually become the stumbling block of the urbanization process,has done serious harms to the urban and rural planning, ecological balance, social harmony, land-use caused by the illegal construction and also points out the serious harms of the "rent-seeking" of public power and security risks. Therefore, there are much attentions from the theoretical field with respect to the illegal construction. Upon it, chapter three of this article attempts to explore discuss several basic practical problems of the illegal constructions governance from various aspects, including the administrative fault, public's weak awareness of the legal knowledge and the perception of "no punishment if everybody does it", etc.Chapter four of this article takes the case of illegal construction governance in Shenzhen as the example, analyses the new local regulations regarding the illegal construction governance in Shenzhen. Based on the Shenzhen's implementation practice, this article provides the legal analysis on the new attempts on the rectification in Shenzhen. Finally, this article provides the implementable legal solutions which could be adopted by all levels of governments from the improvement of administrative efficiency point of view.This article considers that, taking Shenzhen's practice as an example, in order to jointly develop the urban and rural areas and build a harmonious society, it is important to research and analyze the illegal construction problems incurred in the major cities. The author hopes that her practice will provide a useful reference and guide to the cities in relation to the illegal construction governance.