Limited Nature Of The Illegal Structures Of Governance: Policy And Legal Space

Illegal construction is a statutory concept with promulgation of relevant laws and regulations. With deepening of reform and opening-up move and acceleration of urbanization process, illegal construction has become a more and more serious problem and a bottleneck for urban development. As Shanghai's economy grows very fast in recent years, land, as an important resource, has become so precious that illegal use of land for house building, by those people seeking their own interests, has become an outstanding phenomenon. Illegal construction is a behavior that satisfies one's own greed by sacrificing public interests and using public resources. Besides extra management cost it needs, it brings about serious security and safety problems. Thus, it adds discord to our society. Effective management of illegal construction not only helps create a sound city image, but also guarantees public interests. To address this most concerned issue for urban people bears great significance on successful hosting of World Exposition in Shanghai and building of a harmonious society.The paper takes "illegal construction" as its study subject and puts emphasis on research of "limitation of policy and law space". It gives analysis on government efforts to clean up illegal building. We can see that despite of relevant laws and regulations in place, sound leadership and organization system and a series of measure, illegal construction still exists as a big problem. What's the cause lying behind? The essay bases its analysis on research of current legislative resources. By taking Jiading District as standing point and case study, it gives empirical analysis on the general situation of illegal construction in Jiading and root causes, as well as cleaning up work for illegal buildings. The author attempts to research on factors impeding the implementation of illegal-building dismantle policy. With this, the author puts forward suggestions on policies towards management of illegal construction.Based on above analysis, the paper points out that from aspect of management of illegal construction in Jiading District, problems such as incomplete laws and regulations, incompetence of law-enforcing departments, a large number of illegal building, weak enforcement, and lack of effective methods and tools make it difficult for illegal-building dismantle policy to be conducted. To end the essay, the author gives suggestions on an approach of "common governance" of illegal buildings including improving laws and regulations, reducing law contradiction, establishing proper institutional mechanism, conducting long-term management, adopting classified management as well as having community taking a self-management role. With disappearance of illegal buildings, Jiading will create a sound urban image coherent with its economic and social development.