“短命建筑”现象的规范分析与规制思路

The Rule of Law under the Perspective of “Short-lived Architecture” Problem Analysis and Thinking

主要由城市建设规划不当而引起城市建筑过早拆除即"短命建筑"现象日益成为社会关注的焦点。我国已初步建立了与此现象密切相关的城市规划与房屋拆迁等事项的法律规制体系,但在程序性规范、监督问责机制等方面存在某些问题,需要从规范完善、制度构建与政府治理理念的转变着手,建立规划与拆迁决策的公众参与、行政系统外部监督等措施与机制,引导政府合理利用行政决策的公共利益参照价值,重视信赖利益的保护,以推进城市建设规划的法治化进程。

Caused by the urban building demolition too soon＂short-lived buildings＂phenomenon has become increasingly become a hot social concern. Our country has preliminarily established and this phenomenon is closely related to the urban planning and housing demolition and other matters of the law system of rules and regulations, but in the procedural norms, supervision and accountability, as well as some problems, need from specification complete, the system construction and the transformation of government governance concept, establish planning and demolition of public participation in decision-making and administrative measure such as external supervision system and mechanism, guide the reasonable use of public interest in administrative decision-making reference value, attach great importance to the protection of the interests of the trust and the proceeding of the rule of law in order to promote the urban construction planning.