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The development of green buildings?
Green building refers to a building that saves resources (energy, land, water and materials) to the maximum extent, protects the environment and reduces pollution, provides people with healthy, applicable and efficient use space, and lives in harmony with nature. Since the concept of green building was introduced to China in 1990s, China has started the practice of green building. By the end of 20 10,14-star green buildings have won awards. In 20 12, the Ministry of Finance and the Ministry of Housing and Urban-Rural Development jointly issued a notice, proposing that by 2020, green buildings will account for more than 30% of new buildings [1]. At present, the research of green building is mostly concentrated in the field of science and technology. When investigating the factors that affect the realization of the goal, the author finds that the law is very important for the distribution of rights and obligations of various interests, and the law at the institutional level is an important guarantee to promote the development of green buildings. Green building law belongs to economic law in essence, which requires that the relationship between government and market, law and policy, and various stakeholders in the market should be handled well. This paper aims to find out the crux of developing green buildings in China from the above contradictions, and put forward some suggestions to solve the problems. First, the leading force of green building development-government or market, building construction and operation, renovation of existing buildings and human activities after the end of building life will have a great impact on global energy and environment, which has been paid more and more attention. On the one hand, developing green buildings is the requirement of sustainable development of human society and the realization of social interest standard; On the other hand, the green building itself is also in line with the private interests of the public. Green building allows private consumers to use comfortable and environmentally friendly houses without spending more resources and user fees. Therefore, there are two aspects of enthusiasm for developing green buildings, that is, the government vigorously advocates the development of green buildings in order to safeguard social welfare, actively promotes the development and construction of green buildings, and consumers have the motivation to buy and use green buildings for private interests. Therefore, like other markets, there should be two forces that play a role in the development of green buildings. However, at present, in the process of green building development in China, the development and construction of green buildings are mainly promoted by the government through administrative means. The government has actually played a leading role in implementing the planning of developing green buildings by issuing a large number of policy documents and specific action plans. Developers who specialize in the development and construction of green buildings take the pursuit of profits as their bounden duty, and strive for subsidies and tax incentives by using government policies as their main goals. However, consumers do not seem to buy green buildings, but only care about the location, area, construction quality and overall price of houses, and do not pay attention to the green indicators of houses. In other words, the government seems to be playing a one-man show in the current green building market. The dependence and indifference of the latter two subjects are not conducive to the further development of the green building market. The principle of economic law holds that government intervention is necessary in the case of market failure. At the same time, even if it is necessary for the government to intervene, there must be limits and boundaries for intervention [2]. Specific to the green building market, whether the intervention of our government is necessary and reasonable should be analyzed in stages according to the situation. Under the model of strong government and weak social governance that China has been implementing, the market is mostly started by the government. Therefore, in the initial stage of green building development, it is necessary for the government to vigorously promote and intervene. The spontaneous and slow formation of green building market is far from the social goal of protecting the environment and saving energy. Therefore, the government's forced start and compulsory requirements are legitimate. It is necessary for government intervention to continue for a period of time after the market starts. In China, there have been many precedents in which markets in some fields collapsed immediately after the government completely withdrew. However, after the market has a certain self-hematopoietic function, the government should substantially withdraw, so as to release the free space for market participants to trade and give full play to the independent role of market participants. At this time, the scope, methods and forms of government intervention in the market should be fundamentally changed. Specifically, the government should return the leading power of green building development to the society and the market itself, and the main areas of intervention should be limited to formulating green building laws, improving the environment of green building market and standardizing the order of green building market; The intervention mode should also change from micro intervention to macro intervention, from concrete intervention to abstract intervention, and from direct intervention to indirect intervention. In the aspect of green building legislation, the state and the government should formulate the overall goal and scientific development strategy of developing green buildings based on the current situation of resources and energy, current economic strength and the overall level of social development in China, and build a series of practical legal systems on this basis. We should pay special attention to the macro-control of the development of green buildings, expand the coverage of legal supervision, and promote the formation of the national green building market. Secondly, the government should put the supervision of the green building market in an important position. In terms of green building market environment, the competent department of the central government should organize experts to regularly check the implementation plans and progress of building energy efficiency of local governments and enterprises. In view of the disorderly market order, vicious competition and fake and shoddy products of green buildings, governments at all levels should strengthen the market supervision and management mechanism and establish a fair market order [3] (P36). Finally, the government should pay attention to the use of direct administrative means and indirect economic incentives to coordinate the interests of market players such as developers, consumers and social intermediaries. For developers, in addition to paying attention to the use of subsidies, tax incentives and other economic means to guide, we should also strengthen supervision and accountability in market access, qualifications, administrative responsibilities and other aspects; For consumers, we should mainly use information disclosure, price concessions and other incentives; For social service intermediaries, we should vigorously support and cultivate them at the beginning, and use market supervision means to manage them more when they are mature. Second, the code of conduct for the development of green buildings-law or policy The green building law has the general characteristics of economic law and has a strong policy nature. Green building itself is mainly the product of the development of science and technology, and the standards of green building are constantly developing. So, can the green building law be moved? What should be the relationship between green building laws and policies? In China, the broad sense of green building law is very rich, including energy-saving law, superior law, green building standards, specific technical specifications and a large number of policies formulated according to local conditions. The author believes that the principle of dealing with the relationship between green building law and policy is that green building law stipulates the minimum requirements such as the overall concept, principles and mandatory standards for the development of green buildings, and the rest are left to policies and standards, which should give full play to its role. The realistic basis of this design is that, apart from the continuous development of science and technology, China has a vast territory, with great differences in climate conditions, geographical environment, natural resources, economic development, living standards and social customs. As the development direction of future architecture, green building is closely related to regional climate and economic conditions. If the standard of green building is fixed nationwide, it will deviate from or violate the concept and value requirements of developing green buildings. To improve the policy and standard system of green building, on the one hand, we should treat foreign standards correctly, on the other hand, we should establish green standards suitable for regional characteristics. Facts have proved that the value concept of green buildings abroad is worth learning. However, the specific indicators of green buildings in some countries seriously ignore or even deviate from the supply characteristics of energy resources and the functional requirements of buildings in different regions of China, which will bring huge technical hidden dangers and incorrect social orientation. Therefore, it is necessary to correctly identify foreign policies and standards, and then decide whether they are suitable for the reality of China. Similarly, in China, it is unrealistic to require all buildings to be unified by one standard, and it does not conform to the green principle. For example, the cave architecture in Yan 'an area of northern Shaanxi, China, which is built along the slope, is warm in winter and cool in summer, saving land and energy, and has long been a green building. Later, the government asked to build a unified green building, which was far less green than the previous caves, but lost the original green energy-saving advantages of the local area. Therefore, it is necessary to formulate policies and standards according to local conditions, and the green standards of buildings in different climate and terrain areas should be different. For another example, since Japan promulgated the Evaluation Criteria for New Buildings in 2003, it has successively promulgated the Evaluation Criteria for Existing Buildings, Reconstructed Buildings, Newly Built Independent Houses, Urban Planning, Schools, Thermal Conductivity and Real Estate, and will soon promulgate and implement the Urban Evaluation Criteria [4]. It can be seen that the green standards of different types of buildings can be different. In addition, it must be pointed out that the policies and standards of building green standards in different regions, whether new or existing, must be constantly improved and cannot be retrogressed. China has stipulated that local green standards should be higher than national unified standards, which reflects the trend of high requirements for green standards. Of course, the variability and tendentiousness of policies and standards does not mean that we can act arbitrarily in the process of implementation, because in modern society, even policy intervention must be guided by legal entity goals and bound by legal procedures. In addition, in order to improve the green building policy and standard system, we need to establish a comprehensive green standard system. Judging from the laws and regulations related to green buildings promulgated in China at present, we only have relevant provisions on land saving and energy saving for green buildings, but there are no detailed standards or regulations on water saving, material saving and environmental protection outside buildings. Green building is a systematic project, and each part influences and promotes each other. Only by formulating comprehensive green standards can we maximize energy efficiency. Third, the driving force for the development of green buildings-developers or consumers As mentioned above, one of the main obstacles to the development of China's green building market is that the private beneficiaries of green buildings have not yet awakened. The advantages of green building, such as energy saving, environmental protection, comfort and low cost, have not been recognized and accepted by consumers. At present, the propaganda scope of green buildings in the country is very limited, and most of them stay at the level of developers with more commercial vision. In fact, the adjustment object of green building law should include four broader relations: (1) the vertical relationship between the state and the management and guidance of green building activities; (2) the horizontal relationship between different scientific and technological departments and fields in the process of green building research, development, cooperation and management; (3) Rights and obligations between green building component manufacturers and developers; (4) The relationship between developers and owners and users (i.e. consumers) of green buildings. At present, the government pays special attention to the first, second and even third relationships, but not enough attention to the consumers at the end of green building transactions. In fact, the final choice of consumers is the most important, and the needs and preferences of users and owners of green buildings are the ultimate driving force for the development and construction of green buildings. Imagine, if consumers don't recognize and accept green buildings, how can the green building market be established and run normally? Therefore, the main body of green building legal and policy incentives should also include or even mainly be consumer groups. Under the current situation, it is the main direction to promote the development of green building market to attach importance to the downward movement of the subject in the legal relationship of green building. The system that the subject moves down and pays attention to consumers mainly includes the following two aspects: First, it clarifies and strengthens the developer's obligation to disclose green information in green buildings. According to the provisions of Article 36 of the Energy Conservation Law of China,
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