Study Of Legal Problem On Governance Of Illegal Construction

In recent years,with the acceleration of China's new-type urbanization,in the city,especially in urban areas,the spread of illegal construction also shows a trend of rapid growth.The governance of illegal construction has become a hot and difficult problem of social management.There are more and more legal disputes involving illegal buildings,and the legal issues related to them are naturally rising to the forefront topic of legal subjects.These problems are not only troubling the front-line workers in the field of administrative law enforcement and judicial practice,but also attracted close and high attention from the theoretical and practical circles.More and more experts,scholars and practitioners put forward some reference value and guiding opinions,suggestions,ideas and methods,by analyzing,discussing and practically researching on relevant problems from their professional point of view.But from the overall point of view,the data worth exploring and studying on the main body of law enforcement and the governance outlet of illegal construction are hardly seen.Systematic data are rarer.The author has been engaged in illegal construction management and administrative enforcement of law for many years,and has participated in administrative and civil disputes caused by multiple illegal buildings governance and treatment,so I have close contact and personal feeling with legal problem related to illegal construction.I have new thoughts on these problems in practice through the study of the master of law course in the past three years.This paper starts with the concept of illegal construction,analyzing the elements,classification,nature and attribution of illegal buildings,studying the related legal rights of illegal construction.Combining with practice,this article analyzes the dilemma of illegal construction governance and the way out of illegal construction,discusses the procedure of the demolition of the urban district and the enforcement of the court,as well as the principles that should be adhered to in the process of administrative compulsory demolition,including the legal position and the concrete measures taken in Zhengzhou's next new-type urbanization construction.This paper states and demonstrates the above problems from four aspects: Beginning with the practical significance of illegal construction,the introduction puts forward the importance of controlling illegal buildings and discusses the significance of studying illegal construction.The first chapter defines the concept of illegal construction and classifies the illegal construction,so as to prevent the scope of the illegal construction being unduly enlarged;Property analysis of legal ownership,from the legal perspective,classifies illegal buildings and makes ownership analysis.The second chapter analyzes the problems in the construction of illegal buildings,combining the current difficulties and causes of illegal construction in Zhengzhou.The third chapter,the extraterritorial experience of illegal construction,summarizes the common characteristics and laws by summarizing the experience of legislation in some foreign countries and parts of china.As the law of social public order management,especially the national law with the continental law system,there is great similarity and universality.It provides ideas,wisdom and enlightenment for our current legislative work.The fourth chapter,the attributes and procedures of administrative law dealing with illegal buildings,according to the definition of illegal construction in administrative compulsory law,discusses in terms of procedural law,being a kind of innovation and supplement to make up for the deficiency of substantive and light procedure in our legislation and practice.The fifth chapter,the countermeasures and suggestions for the improvement of illegal construction,has a very useful experience and inspiration for the construction of illegal buildings in Zhengzhou,as well as urban governance,urban construction and urban management.