Research On Legal Issues Of Illegal Construction Administration Arbitrariness

On the construction of the first compulsory demolition of illegally built buildings were identified,which relates to the illegal construction of illegal construction and illegal construction,the concept of difference,law applicable law retroactivity and applicable rules of discrimination.For the construction of the illegal construction of this article is the two essential elements plus a form of elements of the three elements constitute.While in the illegal construction and illegal construction of the address choice,tend to illegal construction of the scope of the illegal construction,illegal construction of the title is the product of the historical stage,and now should be unified as illegal construction.In addition to the applicable law,due to legal documents illegal building demolition involves a wide field,issued a long time span,and according to the specific conditions of the specific application of the rules,in order to guarantee the legitimate rights and interests of citizens,to meet the requirements of the principle of administration according to law,safeguard the fairness and justice of society.In the illegal construction of the administrative mandatory removal,but also on the administrative enforcement of the legal nature of the demolition behavior.On the legal nature of administrative compulsory demolition,there are two kinds of views of administrative enforcement measures and administrative enforcement.Administrative enforcement measures and administrative enforcement in the presence of performance obligations,administrative decisions,the parties to fulfill their expectations,the effective basis of behavior and other aspects of the existence of a certain difference.From the perspective of law theory and law enforcement practice,the administrative compulsory removal should belong to the administrative enforcement.In addition,in violation of the statutory procedures,the illegal construction of compulsory demolition process damages the legitimate rights and interests of citizens,whether citizens have a lawsuit against the forced removal of acts of the right,is a question worth exploring.This paper argues that the administrative compulsory demolition should be actionable.Is worthy of attention is the "administrative enforcement law," forty-fourth of the demolition of illegal buildings also provides special procedures for the announcement and the system of administrative proceedings to stop the implementation of the system.After ordering the mandatory removal of the decision,but also through the notice process to be demolished illegal construction.Notice procedure is different from the mandatory removal of the implementation of the program before the program is special.The significance of setting up the announcement procedure is to further urge the administrative counterpart to perform their duties,and to carry out publicity to the public to play a role in warning education.Set stop forced removal of the legislative purpose of reconsideration litigation system is the better protection of citizens' legitimate rights and interests of the major property,standardize the administrative law enforcement organs,prevent the administrative decision caused irreparable damage.The establishment of this system is a breakthrough of the principle of "administrative procedure law" and "Administrative Reconsideration Law",which has important theoretical and practical significance.Administrative compulsory removal in the specific implementation of the above Pro mode choice,that is,the mode of administrative enforcement.Administrative enforcement mode is the basic implementation of the administrative enforcement system,the solution is the allocation of administrative decisions.Administrative enforcement mode at present,there are administrative organs to enforce their own,to apply for court enforcement and administrative justice mixed mode of enforcement.According to the rule of law in China's development and national conditions,at present our country is used to apply to the court to enforce the principle in administrative compulsory execution with the exception of the execution mode.Administrative departments to enforce their own enforcement can be adjusted high administrative efficiency,but the lack of supervision of the exercise of the executive power of the executive.Application for court enforcement through judicial review can avoid the arbitrary use of administrative enforcement power,but will increase the burden on the court to review and implement.Specific to the illegal construction of the compulsory removal of the field,it should fully protect the administrative organs of the enforcement of the right to the enforcement of the law and the reality of the need to adapt.