Discussion About Illegal Construction Resolution Regime-thoughts Based On Administrative Enforcement Law

Nowadays illegal construction has become a serious problem in China‘s citydevelopment，which restricts the modernization of city. In order to wipe out thenegative effects of illegal construction people has done some exploration from manyaspects，such as social management，but there are still many problems.Take administrative constraint system for example，before the new administrativeenforcement law, problems are focused on three aspects：firstly，the confusion in themanagement right of illegal construction；secondly，the misuse of the execution ofadministrative enforcement；thirdly，the limits of execution ways，which means thestrength and methods of administrative organ are not enough. They can’t prohibitsome illegal actions efficiently，leading to administrative decision can’t be carried outin time. Because of these, the legitimate rights and interests of citizens、legal personand other organizations are destroyed.However，there are some rules about the problems mentioned above in the newadministrative enforcement law. Therefore，based on the development of illegalonstruction, This thsis states the concept and affirmation of illegal construction tounderstand illegal construction better. Then author simply introduces the backgroundand relevant regulations on illegal construction resolution in the administrativeenforcement law. Next author states the dismantling of illegal construction，themovement of village in city and the system about administrative execution to analysesthe existing problems in and between all systems deeply. Last author gives her ownsuggestions on the illegal construction resolution system，the limits of processingauthorization on illegal construction and the treatment measures of illegalconstruction. According to the procedure of illegal construction dismantling authoroffers some suggestions on the choice of the law enforcement officer, Theaccreditation standards and conditions of illegal construction dismantling case and theforensics process of illegal construction.