Study On Administrative Compulsory Demolition System Under The Rule Of Law

Administrative compulsory demolition is an important component of functional performance of government and its functional departments, as well as a key link of urban planning and new rural construction in the context of comprehensively implementing governing the country by law. To make the administrative compulsory demolition canonical, this paper is to trace the source of the administrative system, tell apart their relationships and give a clear comprehension of its purpose by analyzing itsjurisprudential conception, contents, problems existing and improvement.This thesis is divided into following four sections to study.Firstly, elaborate the theory of administrative compulsory demolition system under the rule of law, which includes the theory of rule of law, intension of administrative compulsory demolition and administrative compulsory demolition under the rule of law, to pave the way for the following passage.Secondly, expound on the necessity of existence of administrativecompulsory demolition system by pointing out the problems of judicial compulsory demolition, elaborating the rationality of administrative compulsory demolition and comparing two systems above, which leads to the conclusion that administrative compulsory demolition has its necessity and meaning of existence.Thirdly, analyze the problems of administrative compulsory demolition. To be viewed from two perspectives based on legislation and practice, do further research on the problems to revel the phenomenon of lack of legislation and illegal compulsory demolition including state and society oversight as well as advocacy channels' unsmooth problems.Finally, offer proposals on the administrative compulsory demolition system. Propose feasible suggestions on legislation and practice to aim at the existing problems.