Research On Consultative Administrative Law Enforcement In The Field Of Regulation Of Illegal Buildings In Shanghai

As the main window of China's opening to the outside world,Shanghai's urban appearance is an important business card of the country.However,the illegal buildings in the city are not in line with the carefully planned urban layout,which also causes many social problems such as the city appearance,the city appearance environment,and the safety.The governance of illegal buildings has become the focus of the government's urban governance.The social contradictions caused by the demolition of illegal buildings have not only become the difficulty of government governance,but also a problem that can not be ignored to restrict the harmonious development of society,and become the key content that the administrative law enforcement departments need to continue to pay attention to.However,in the aspect of administrative law enforcement of illegal construction governance,due to the large legal authority and heavy responsibility of the urban management law enforcement department,but the available means are relatively few,it is often easy to determine the nature of the problem but difficult to implement the actual law enforcement.At the same time,in order to achieve the established goal of the government's demolition of illegal buildings,as well as to be trapped in the law enforcement level of law enforcement officers and other factors,illegal forced demolition and violent demolition,regardless of the actual situation of the administrative counterpart,are common in the process of law enforcement.Because of the damage of personal interests,the administrative counterpart also resisted the forced demolition and even used violent methods such as gathering to protest and intimidate to prevent the demolition.This not only increases the cost of administrative law enforcement,affects the efficiency of administration,but also easily leads to social instability,and increases the cost of the whole social management and public governance.Therefore,the author believes that the administrative law enforcement personnel of the government should introduce the consultative administrative law enforcement method into the demolition of illegal buildings,and communicate withthe administrative counterpart as the main way of work.Based on the description of two actual cases of illegal buildings,this paper analyzes the advantages,difficulties and constraints of consultative administrative law enforcement in the governance of illegal buildings in Shanghai.Finally,the paper puts forward the optimization of consultative administrative law enforcement from four aspects: strengthening legal protection,improving the basic procedures of consultative administrative law enforcement,multi-party participation in the negotiation resolution and optimizing the organizational environment of consultative administrative law enforcement,in order to provide some reference for the practice of illegal construction governance in China.This paper is divided into the following five parts:The first part is the introduction,which mainly introduces the background,purpose,significance,literature review and research methods of this paper.The second part is the core concept and related theoretical basis.Firstly,it describes the concept of illegal construction and consultative administrative law enforcement.Secondly,it analyzes the theory of consultative democracy,good governance and discretion,which provides theoretical support for the study of this paper.The third part introduces two cases of using consultative administrative law enforcement to demolish illegal buildings in community X in W street of Putuo District,and compares the two cases.The fourth part mainly analyzes the difficulties existing in the use of consultative administrative law enforcement in the governance of illegal buildings in W street of Putuo District,and analyzes the restrictive factors that cause the difficulties of consultative law enforcement.The fifth part is to propose the optimization of consultative administrative law enforcement in the field of illegal construction governance.It puts forward four aspects: strengthening the legal protection of consultative administrative law enforcement,standardizing the basic procedures of consultative administrative law enforcement,improving the quality of law enforcement personnel,building amulti-party consultation resolution mechanism,and clarifying the applicability and remedy of consultative administrative law enforcement.