The Dilemma And Outlet Of The Forced Demolition Of Illegal Buildings In Rural Areas

Recently,the severe phenomenon of countless illegal construction in rural China has deterred our economic and social development,which urges us to deal with this problem according to law.In the process of compulsory demolition and removal,there are several questions over overlapping of different law application,unclear nature of certain policies or measures,controversy over the property of illegal construction,enforcement not followed by regulation,discussion about the compensation of illegal construction.For the purpose of addressing these questions efficiently,I have analyzed the commonality of Administrative law and Criminal law.I start to introduce the theory of Criminal law into settling these problems with theories of jurisprudence and civil law as well as overseas researches,as the Administrative law does not apply to it properly.As for the law application,it can be treated with the principle of valid and conflict by science of solution.If the act violates multiple laws and regulations,it should be concerned under the principle about absorbable offence and implicated offence of Criminal law.I have also discussed the similarities and difference of administrative penalty,administrative coercive measures and administrative order and pointed out my own opinions.Then I elaborate on the property of illegal construction,dispute over the idea that illegal construction is a continual act and argue about regulating law enforcement and compensating the building owners.Some suggestions are proposed:first,clarify the acts' nature of law for better use;second,understand the property of illegal construction so as not to exaggerate the conception of construction;third,control administrative discretion in case of multiple laws for enforcement;fourth,refine law enforcement for the benefit of people;fifth,improve the legislation of compensation for rural construction to cover this field.These questions run through the whole process of rural illegal construction's compulsory demolition and removal,which are also controversial and short of thorough researches theoretically.Effectively figuring out the issues above attaches great importance to law – abiding compulsory demolition and removal of rural illegal construction and to some extent,enriches theoretical study of rural illegal construction.