Study On The Implementation Dilemma Of The Normal Management Of Illegal Building In Shanghai

Illegal building has always been a hot topic of social concern.Illegal construction not only occupies urban space,affects urban appearance and environment,but also poses a threat to public safety and ecological environment.During the five-year period from 2015 to 2019,Shanghai has successively experienced two campaign-style governance of illegal construction,named "five-illegals and four-musts" and "building villages(towns)without illegal construction".The government at all levels focus on demolition of illegal buildings in key areas departments at all levels cooperated to promote the illegal use of land,illegal business operation,illegal residence and illegal dredge.Through such a direct and powerful campaign-style governance,Shanghai’s illegal building management work has achieved remarkable results in a short period of time.The illegal buildings of a large scale in the region have been demolished,and the environmental quality of soil,air and water has been significantly improved.Within five years of the campaign-style governance of illegal construction,the demolition of illegal buildings has become a major focus of the urban management law enforcement team,and has also become one of the most popular images of the urban management team.Despite the success of two campaign-style governance of illegal construction,it does not mean that the problem of urban illegal building governance has been completely eradicated,and the problem of illegal building has not disappeared.Since 2020,Shanghai has fully completed the work of "building villages(towns)without illegal construction",and the work of illegal construction management began to normalized governance.After phased governance achievements have been made of illegal buildings,how to through the normalized management means to consolidate the past five years of management effectiveness tests the level of management of city managers,how to stick a merger in governance work conform to people’s expectations and yearning for a better life,practicing the important concept of "people’s city,people’s city for the people".All these test the governance ability and service level of city management department and administrative law enforcement department.The normalized governance of illegal buildings is not the conventional and normal management in the past,but should conform to the new governance mode and requirements under the current fine and institutionalized urban governance.Through the comprehensive management,systematic management,source management and legal management of illegal buildings,we can promote the accurate and delicate management work and let the work of illegal buildings governance be more sustained and normalized.Since 2018,the author has been working in the leading Community Office for the demolition of illegal buildings in P District,and is a staff member engaged in the governance of illegal buildings in the region.In the process of demolition and treatment of illegal buildings,the author has personally experienced the work of "building villages(towns)without illegal construction" in P District and the work after P District has turned to normalized governance,can face the problems in promoting the management of illegal buildings at the district level,and can actually feel the implementation difficulties encountered by grassroots law enforcement personnel in the existing work.Based on the achievements of normalized governance of illegal buildings in P district,this paper sorted out the process of transforming from campaign-style governance to normalized governance of illegal buildings in P district from 2019 to2022,combined with literature,cases,interviews and other research methods.This paper analyzes a series of factors that affect the implementation of the existing illegal buildings in the normalized illegal buildings governance mode,such as inconsistent definition of the existing illegal buildings,difficulties in collaborative management,enforcement motivation of law enforcement personnel,and policy environment atmosphere,and puts forward relevant countermeasures and suggestions to optimize the implementation process of illegal buildings governance in the normalized mode.So that administrative law enforcement staff can be more effective in the law enforcement work related to illegal buildings governance.