农村经营性自建房安全监管法律问题研究
Research on Legal Issues of Safety Supervision of Rural Commercial Self-Built Houses

农村经营性自建房对我国的农村地区的经济发挥着非常重要的作用。随着风险社会的来临，农村地区数量繁多的自建房之风险逐渐显露，当前我国农村自建房安全风险是新发展时期面临的新型风险治理议题。探讨如何在农村经营性自建房的建设至运营全过程中确保居民的生命财产安全，成为一项亟待关注的议题。当前，我国农村自建房的风险安全管理框架暴露出法律规范不健全、职责界定不清及管理机制空缺等弊端。本论文拟从法律视角切入，分为三个章节深入剖析农村经营性自建房安全监管的挑战与对策。首章着眼于当前安全监管的实际状态，阐述强化监管的紧迫需求与重要性。继而，第二章节将对农村经营性自建房的法律规制进行全面审视，从国家法律层面延展至地方性法规与相关政策文件，细致剖析现有立法的不足之处。第三部分是针对现有问题提出的法律对策和完善建议。首先要完善建筑方面相关的法律法规，其次要加强各环节的安全监管，以及完善监管执法机制。期以推动我国农村经营性自建房之安全风险治理从被动应对模式转变为主动预防模式，有效应对自建房的安全问题期以发挥更大价值。
Rural self-built houses play a very important role in the economy of rural areas in China. With the advent of the risk society, the risk of a large number of self-built houses in rural areas is gradually revealed, and the safety risk of rural self-built houses in China is a new type of risk management issue in the new development period. Exploring how to ensure the safety of residents’ lives and properties during the whole process of construction and operation of rural self-built houses has become a topic that needs urgent attention. At present, the risk and safety management framework of rural self-built houses in China has revealed the shortcomings of inadequate legal norms, unclear definition of responsibilities and vacant management mechanism. This dissertation intends to analyze the challenges and countermeasures of safety supervision of rural self-built houses from the legal perspective, divided into three chapters. The first chapter focuses on the actual state of current safety supervision and describes the urgent need and importance of strengthening supervision. Following this, the second chapter will comprehensively examine the legal regulation of rural self-built houses, extending from the national legal level to local regulations and related policy documents, and analyzing the inadequacies of the existing legislation in detail. The third part is the legal countermeasures and suggestions for improving the existing problems. Firstly, it is necessary to improve the construction-related laws and regulations, and secondly, it is necessary to strengthen the safety supervision of each link and improve the supervision and enforcement mechanism. It is expected to promote the safety risk management of rural self-built houses in China to change from a passive response mode to an active prevention mode, so as to effectively respond to the safety problems of self-built houses and to play a greater value.