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Based on housing management, practice the rule of law

author:Shanghai Law Society
Based on housing management, practice the rule of law

Talent Profile

Dai Mingming, female, born in September 1978, is a member of the Communist Party of China. Master of Laws from East China University of Political Science and Law, Deputy Director of Policy Research Office (Regulation Division) of Shanghai Municipal Housing Administration, Public Lawyer. He has long been engaged in the research and drafting of local regulations, rules and administrative normative documents in the field of housing management, the legal review of major administrative decisions, and the response and handling of administrative reconsideration and litigation cases. In 2010, he was awarded the third-class merit of serving the World Expo and dedicating to the World Expo, leading the team to carry out legal popularization and publicity, and was rated as the Youth Commando of the Municipal Housing Management Bureau for Legal Protection. In 2023, he will be selected to become a member of the Shanghai Youth Legal Talent Pool.

Based on housing management, practice the rule of law

Actively participate in local legislation to promote the rule of law in industry management

Dai Mingming has been engaged in legislative work for a long time, and has organized and participated in the formulation and revision of a number of local laws and regulations in the field of housing management in Shanghai, including the "Shanghai Residential Property Management Regulations", "Shanghai Urban Renewal Regulations", "Shanghai Housing Lease Regulations", "Shanghai Municipal Regulations on the Protection of Historic Areas and Excellent Historical Buildings", "Shanghai Municipal Regulations on the Delivery and Use of New Residential Buildings", "Shanghai Municipal Regulations on the Safety Management of Housing Use", "Shanghai Municipal Administrative Measures for Housing with Shared Property Rights Protection", etc., involving property management, urban renewal, leasing supervision, real estate market and other fields. In the legislative process, we should pay attention to investigation and research, and actively look for innovation and breakthrough points in local legislation to solve urban management problems based on the actual situation of Shanghai and under the framework of the national legal system, such as the renewal of old housing, emergency maintenance of property, group rental remediation, and protection of excellent historical buildings.

Based on housing management, practice the rule of law

Standardize major administrative decision-making procedures and create a business environment based on the rule of law

Dai Mingming strives to standardize the procedures for major administrative decision-making, improve and improve the system of major administrative decision-making, and carry out legality review of major public policies involving public services, social management, urban management, and other major matters involving major public interests or the vital interests of the public; the decision-making process follows the principles of scientific decision-making, democratic decision-making, and decision-making in accordance with the law, and protects citizens, legal persons, or other organizations' rights to know, participate, express, and supervise in accordance with the law, and continuously improves the quality of decision-making. Improve the fair competition review mechanism, link the fair competition review with the review of normative documents, and include the management documents involving market entities in the fair competition review, as an important measure to implement the "Regulations on Optimizing the Business Environment", and continuously improve the business environment under the rule of law.

Based on housing management, practice the rule of law

Handle administrative reconsideration litigation cases and promote diversified resolution of conflicts

Dai Mingming has handled administrative reconsideration and administrative litigation cases in a solid manner, and has handled and reviewed more than 200 administrative reconsideration and response cases every year. Guided by the concept of "People's City" and the "Fengqiao Experience" in the new era, with the goal of substantively resolving administrative disputes, we will improve the mediation linkage work system in the field of housing management and promote the diversified resolution of conflicts and disputes in the field of housing management. For cases such as information disclosure and performance of duties, through patient and meticulous communication and explanation with the parties, conflicts are resolved and resolved in a timely manner in reconsideration litigation. Actively carry out the linkage between the government and the courts, continuously promote the benign interaction mechanism between the administration and the judiciary, promote the efficiency improvement and superposition of the efficiency of administration according to law and fair justice, and accelerate the formation of a general pattern of co-construction, co-governance and shared social governance.

Based on housing management, practice the rule of law

Create a propaganda position for the popularization of law in housing management, and pay attention to the theoretical analysis and research of the subject

Dai Mingming actively carried out legal popularization publicity, set up a legal publicity team in the department, selected legal knowledge points related to the people's housing, set up a legal popularization column "Fang Keyan" on the new media of the bureau's government affairs "Fang Keyuan", produced more than 100 cases of law popularization cases and small videos of law popularization in a way that was pleasing to hear, and carried out law popularization and publicity on legal knowledge such as elevator installation, flying wire charging, housing leasing, use of maintenance funds, second-hand housing transaction safety, housing security and civil code, and achieved good social results.

Based on housing management, practice the rule of law

At the same time, Dai Mingming's work also pays attention to theoretical research, and organizes legal argumentation and subject research on difficult issues in housing management, such as legal argumentation on the voting and counting of votes at the owners' general meeting after the implementation of the Civil Code, and the judicial guarantee in the implementation of urban renewal. In recent years, it has organized and carried out research on topics such as "Research on the Medium and Long-term Legislative Work Planning of Shanghai Housing Authority", "Research on the Legal System Related to the Supervision of Real Estate Funds in Shanghai", "Research on Common Legal Risks of Real Estate Enterprises and Their Responses", "Research on Information Disclosure, Performance of Duty Responses and Administrative Reconsideration Work Guidelines", etc., and the research results have been applied to policy analysis and judgment, guiding the city's housing management system to carry out relevant work, and continuously improving the level and ability of administration according to law.

Editor in charge: Wang Pu Yu Jiani