Study On Illegal Construction Management

The urban illegal buildings, as being called "malign appendages", is a problem which arouses great concern of the Party and the state all along. Since the state promulgated the "Town Planning Ordinance", we have made constant breakthroughs in the legal construction field of urban illegal buildings. The governance of urban illegal buildings gradually moves to a normalized and scientific path. However, endlessly emerging instances of demolishing illegal buildings are constantly telling us that we still have some problems in the governance of urban illegal buildings. Through research, the currently existing problem mainly has the following several aspects:Firstly, the governance subject of the illegal buildings is uncertain, which causes a situation of multihead management and responsibility. Secondly, the recognition system of illegal buildings is unsound, the subject, benchmark and procedure of the illegal buildings’recognition are undefined, the randomness in the process of recognition is relatively big. Thirdly, the approaches to illegal buildings are single-dimensional, though by law there are several administrative penalties such as rectification within a time limit, confiscation and demolishment, the approaches to illegal buildings are still relatively simple in reality. Contradictions will easily occur as a result of the much use of the penalty of demolishing without compensation. Fourthly, the governance of illegal buildings absorbs little public opinion and ignores the public power. In order to address the problem of illegal buildings effectively, to optimize the national governance system, to regulate government’s behaviors, to protect people’s legal interests indeed, as well as to push ahead the common development of public interests and individual interests, we need to rectify our work in three aspects, namely, the recognition system, supervision regime and executive procedures. And we need to establish and improve relevant institutional framework so as to provide a vigorous institutional guarantee for the governance of illegal buildings.Through research, this paper draws several conclusions as follows:First, to avoid the multihead supervision, we have to specify the responsibilities of the functional departments of the governments in work of illegal buildings governance. Second, when governing the illegal buildings we must pay attention to absorb people’s opinions and take full advantage of people’s powers. Third, the key to governance work of illegal buildings is the recognition part, the governments should establish and optimize the recognition institutions, make clear the subject and benchmark for recognition. Fourth, the governance of illegal buildings must emphasize on ensuring procedural justice and regulating government behaviors so as to protect people’s rights in real sense.In order to better study the governance of illegal buildings, this paper mainly adopts legal theory research method, literature research method, comparison method and case study method to analyze the existing problems in governance of illegal buildings of our country with profundity and an easy-to-understand approach, also this paper briefly introduces some governance institutions of relevant foreign countries and areas and puts forward some suggestions and ways to improve the governance system of our country in respect of illegal buildings.