Study Of Administrative Law Enforcement On Unregisted Architecture

Along with the deepening of urbanization, shortage of state-owned land becomes the bottleneck of urban development in the 21st century. In order to solve this problem, land acquisition and demolition are considered to be the effective methods by local government. However, China is in the period of social transition, changes in the society inevitably lead to social disputes. Prominent social contradictions bring our country into a high-risk stage, and central government pays great attention to those problems. The acute behaviors happened nationwide during the land acquisition and demolition process, which strongly prove the saying that this is one of the difficulties in the world. For the sake of solving house acquisition disputes, the State Council issued State-owned land on the housing levy and compensation ordinance. The ordinance has positive effects on explaining explicitly the main subjects of house acquisition, regulates the acquisition process, and divides the administrative responsibilities, but reality is always more complex than administrative laws and regulations. Because some of the legal provisions in the administrative laws and regulations are macroscopic, administrative departments is unable to carry out the laws and regulations to the letter, and this would bring confusions to the juridical practices. In the court where the writer is working, cases refer to house acquisition on state-owned land mainly focus on investigation, affirmation and disposition of unregistered constructions. At the trials of house acquisition on state-owned land, we discovered the fact that due to the historical reasons like lax enforcement and imperfect legal system, it is normal that the demolition housing is not registered to the corresponding competent department, or the actual gross leasable area is bigger than that on the Housing ownership certificates. For those unregistered construction cases, many problems exist in the application of law. In this thesis, the concept of unregistered construction is presented, the causes of formation are discussed, and actual cases are demonstrated and analyzed in order to reveal the problems during the process of executive law enforcement. Writer attempts to find the theoretical foundations of investigation, affirmation and disposition of the unregistered constructions, combines the judicial practices about the on trial house acquisition on state-owned land cases, demonstrates the necessity of establishing and improving the laws and regulations for the unregistered construction, and further more, raises the relevant legislation advice and provides strategies and suggestions about how to grasp the principle, and actively yet prudently deal with the dispute cases of unregistered construction demolition.This thesis composes of three parts:First part is about the concept and cause of formation of unregistered construction. Writer tends to summarize the judicial practices about the on trial house acquisition on state-owned land cases, and analyze the contradictions during those trials with the practice of administrative enforcement.Second part is about the overview of house acquisition on state-owned land cases and existing problems. The general information about the house acquisition on state-owned land trials is provided, and relevant problems in the law enforcement process is illustrated.Third part is about the rational construction of law-enforcement procedure towards the unregistered construction.