| China is now facing the tough problem of illegal buildings, which has developed as an obvious obstacle to the economy and the act of constructing harmonious society. Illegal buildings, the so-called tumor of city, threaten to not only city planning, but also resources saving and public safety. Thus, it is necessary to keep an eye on public policy making in order to perfect China's legal system.However, China's attempt to perfect its legal system is yet to be made. First of all, the legislations of handling illegal buildings are defective, for there are no national legislations, except for the district regulations and rules. Secondly, China lacks of specialized supervisor, without whom there will be no accurate, regular and advance supervision in illegal construction behaviors. Finally, an efficient and rational legal system of handling illegal buildings is yet to be founded in China to prevent irrational events from happening, which are caused by the defective enforcement mode of dismantling illegal buildings.There are several reasons for China's current situation mentioned above, such as the lack of systematic research and a specialized legislation of illegal buildings. In addition, our misunderstanding about the meaning of handling also accounts for that.This article maintains, accordingly, that a brand-new legal system of handling illegal buildings should be constructed, which aims at a sustainable development and the substantial fair in handling illegal buildings, apart from perfecting the routine administrative legal system. It is necessary to place an emphasis on Economic Law in order to make such an accomplishment.To be concrete, the paper firstly analyzes the concept, the attribute and the legal constitution of illegal building and finds out the defects of the handling system. Then, the positive and opposite experience of Germany and Chinese Taiwan District are both included on this article, so that we may probably benefit from them and learn some principles in perfecting illegal buildings' handling system. After that, this article also puts forward several suggestions to the perfection referred above, such as to establish a uniform legislation, to found the acknowledgement system, to reform the supervising mode and to take advantage of some scientific enforcement methods. Finally, by giving out some pieces of advice, the article advocates China set up a legal system, which reflecting the spirit of Economic Law, of handling illegal buildings.Apart from the introduction and the closing remarks, this article includes four sections.Section One mainly deals with the legal orientation of illegal buildings. To begin with, this section reveals the concept, the classification and the legal constitution and points out that a certain building does not become illegal building until formally acknowledged by authority. After that, the section tells both the civil and administrative attribute of illegal buildings and argues that it is possible to form ownership on illegal buildings. By the end, by analyzing the necessity and rationality from angles of economy, government power and publicity, this section maintains it is Economic Law that we should rely upon to solve illegal buildings problems properly.Section Two states the current legal system of handling illegal buildings in China. The section firstly studies the current legislations and figures out the defects of them. Then, the section deals with China's enforcement mode and criticizes the compensation criterion. Besides, defections in legal system are also covered in this section. From these defections, we may learn that China has no improved legislations and has faced discordances among enforcement ways. What should be done is to perfect the supervising mode and to make sure the handling mode is rational according to principles of Economic Law.Section Three puts forward the direction of perfecting China's legal system of handling illegal buildings. This section brings in experiences from Germany and Chinese Taiwan District and, at the same time, points out some defects of them in legislations, supervising and enforcement mode, in order to help nurture China's own legal system. At the end of this section stand four directional principles, including the efficiency, the overall ethic, the modern technology and the moderation, for guiding the way of perfection of legal system of handling illegal buildings.Section Four emphasizes chiefly on the concrete measures of perfecting China's legal system of handling illegal buildings. This section mainly tells the perfection way mentioned above and suggests establish the administrative acknowledgement mode, set up a specialized supervising system with specialized supervisor, form a regular and hi-tech monitoring mode, take a systematic enforcement measure, and perfect the policy-making mode. Finally, the section does empirical studies on there cases and put forward several ideas about how to construct the handling system of illegal buildings according to the spirits and principles in Economic Law. |
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