Legal Issues Research Of Forced Demolition Illegal Buildings

Illegal construction is a special phenomenon in the current society, how to correctly identify the scope and demolite according to legal procedures, is not only a social problem, but also is an urgent need to improve the legal issues. Before the implementation of administrative enforcement law, the relevant provisions of the mandatory removal of illegal construction is not uniform, administrative enforcement practice of administrative law enforcement agencies also operate numerous miscellaneous, seriously affected the unity of the rule of law and the authority of law. Despite the introduction of "administrative enforcement" of mandatory removal of illegal construction acts to make provision for the implementation of the program, to a certain extent, on the issue of applicable law makes unified, standardized behavior forced removal of illegal construction, however, some rules are principles, imperfect and specific, some of the nature of the positioning program is still controversial. Since the administrative organ have bias on the forced removal process related behavior, leading to legal procedures for the application of the law is inconsistent with the existence of circumstances produced. And the forced demolition of illegal structures of law by the relevant laws and regulations and the act of administrative enforcement of existing rules also exists conflict situation, understanding is easy to produce ambiguity, the practice of law enforcement practice is not unified. These are not only the need for more in-depth theoretical research, but also by law enforcement needs to be constantly practice the executive summary.This article attempts to start from the illegal construction, expounds the different types of illegal building influence on qualitative forced demolition behavior, For the current academic mandatory removal of illegal construction behavior legal property disputes combing analysis,makes the forced removal of illegal construction is the administrative enforcement acts of nature clear, and combining with the current relevant laws and regulations, administrative organs to the understanding of the differences are pointed out. Finally, on the forced demolition of the legal procedures applicable law, the problems which need to pay attention to are pointed out. Content of the article is divided into five chapters, the first chapter introduction, according to our administrative organ’s current understanding of qualitative forced demolition of illegal structures, narrates the writing background of this article, the article expatiates the research purpose and value, lists the article thinking and frame structure. The second chapter is illegal building types associated with forced demolition of behavior. From illegal building types, points out those different types of illegal structures of the different departments issued relevant measures for further subdivision of the regulation, due to the competent administrative authorities know there is a difference on the nature of forced demolition, the status quo of the forced demolition behavior exist there. The third chapter discusses the theoretical perspective of the legal nature of mandatory removal of illegal construction behavior, but also on the nature of a lot of controversy shall be ordered to dismantle behavior also made analysis and identification. Chapter iv forced demolition of illegal building program applicable law, this paper analyzes the application of executive main body and the hearing system. The last part is conclusion, summarise the full text, on the basis of the full text argument for refining.