A Research On The Legislation Of China’s Urban Building Use Safety Management

Urban building use safety concerns the public’s most common, most basic and most direct interest and safety, the consolidation and continuation of economic development, as well as social harmony and stability. In order to improve safety management of urban building use, legislative research in this respect should be valued. Specifically, real problems should be closely related to,and the focus of management should be moved from administrative management to legislative management. Now, there are only two ministry laws about building use safety plus local government regulation. However, with the growth of urban building use span and the development trend of building property right diversification, new changes have taken place in the situation of building use safety. Therefore, a national law of urban building use safety is in urgent need. And the current research aims to construct a framework of a national law about urban building use safety.The first part will introduce some basic theories, the definition, features, the subject, and the development of building use safety management regulation, since a basic understanding about building use safety management regulation is helpful to the following discussion about the legal construction of our country’s building use safety management.The second part will focus on analyzing and discussing the problems in the legal construction of our country’s building use safety management from two aspects: necessity and feasibility. Urban building use legislation is in line with the basic national policy of our country’s rule of law and social reality needs, which is also based on the relevant state policies and the basis of the existing legislation. Thus it is not doubt on the necessity and feasibility of enacting a law of urban building use safety management. There is a detailed analysis on the laws, cases, research reports and advanced foreign system in this part. There are other articles discussing on the topic yet, but I intend to give a more detailed analysis and summary.The third part, aiming to construct “Urban building use safety management law of the People’s Republic of China”, and give the conception of the identity, principle and the basic framework of the urban building safety management law in some degree. This part attempts tocome out with the conclusion of the proper identity of the urban building safety management law,on the basis of discussion of some existing laws about urban building safety management and summary of the current situation of urban building use safety.The fourth part discuss how to improve the concrete system design of urban building safety management law. In view of existing problems in urban building safety management, the various problems should be taken into consideration when designing the concrete system: such as the proportion of old and dangerous buildings in the urban building application system, no explicit answer of who take the expense for the identification of the building, no clear responsibility of which department should take for the regulatory of building use safety and so on.The final part is the conclusion of all the work.