Legal Analysis On Administration Of Demolitiong Of Illegal Constructions In-town Villages

As the reform and opening-up policy goes deeper, China’s urbanization process isgaining momentum, and city development is booming. However, how to grow the newcity area while well preserve and renovate the old area remains challenging. In particular,while renovating the old city area, the biggest question is how to appropriatelycompensate for constructions that were illegally built up in the first place.The dissertation starts with reviewing difficulties that Guangzhou city ran into whendemolishing buildings in some major in-town villages, examines relevant national lawsand local regulations, and summarizes four problems legal-wise: a contradiction betweencurrent laws and the Real Right Law, weak punishment, messy administration, and lack ofcategorization over illegal buildings. The dissertation also clarifies the ownership ofillegal buildings and gives a reasonable definition and explanation for it. Correspondinginstitutions in the United States, Japan and New Zealand are compared to shed some lighton China’s practice. Based on the above-mentioned analysis, the dissertation offersstrategies from legal point of view.