Study On Perfecting The Legal System Of Green Building In China

With effective,efficiency,and natural characteristic of the design,the green building,originated from the energy-efficient building,which has already been implemented for a long period,now has more substantial content in China.We've already set a national standard and a series of policies for green building.However,how to establish perfect and mature system of administration and supervision during the life cycle of architecture needs to be solved when obstacles are looming.A long list of problems is exposed during its scale development,the essential issue of which blames on the absence of the perfect legal systems.It's of vital importance to improve and optimize the law systems,at this stage,obviously.On one hand,green building itself has a series of characteristic,such as saving and using resources and energy fully,improving building performance and comfort level of human being.Also on the base of requirements of sustainable development in the construction industry and with the continuation and penetration of traditional architectural concepts,green building indeed has its own necessity and feasibility to blossom in China.On the other hand,faced with the difficulty that it is hard to promote green building smoothly between the supply side and demand side,the government needs to regulate on developing green building,to define the scope rationally.And in order to settle the issue of external economy,cost-benefit analysis is an excellent way to internalize social costs.At this stage,the main problem in China is following:firstly,at the legislative level,the content of relevant regulation is and lack of operability,besides,the connotation in those norms embodies single side of green building,there is still not an integrated legal system to include almost all elements of green building which can regulate its promotion orderly.Secondly,since the pattern of three-planning united is not mature enough,and the EIA system is lack of pertinence on green building,it is hard to realize large-scale development.Thirdly,the regulatory system is fragmented,dynamic regulation in the whole life cycle is not developed,of which the standards and evaluation system,energy supervision and reporting system are both urgent to be improved.Fourthly,during the process of promoting and developing,the incentive measures given by the government is imbalanced both on the objects and subjects,meanwhile,insufficient propaganda also lead to unwillingness of the demand side to embrace green building.Fifthly,in the relief system,policies and measures directed at the demand side,penalty amount of the supply side,and the subject,the scope and the manner of the legal liability,among which the rationality needs refinement and perfection.Therefore,under the type of dominant mode of power,the environmental policy instruments of controlling model needs to be optimized,and initially complete the legal systems in life cycle of green building during the process of its design,construction,operations,assessments and recycle.Based on the local regulations and legislative practice,a special administrative legislation for green building needs to be formulated on the basis of energy-efficient building development history,systematic management of different types of buildings should be classified under standards separately.Besides,further consummating the local legislation and strengthening the management in EIA,planning system,standard rating systems and energy monitoring and management system under dynamic monitoring.Meanwhile,we should develop a government-oriented market and set up a platform or mechanism which may contain multiple interest groups' positive interaction with combination of constraints and incentives,to promote mutual information communication.Improving the incentives on the demand side,and strengthen legal responsibility of different stakeholders,to enhance effectiveness for scaled development of green building in China.