To Study The Enforcement Mechanism Of Illegal Administrative Punishment Of Land

Land is the founding of the nation,on a world scale,the characteristics of land area is very prominent in China,namely "the total area of more than,per capita area of less."The land area of the world's third place,but compared with the world's land area per capita,per capita is only a third of the world's average per capita value.With the rapid development of our country economy,people much less contradictions increasingly prominent,more and more land problem can't be settled properly.Investigate its reason,is not only the lack of legislation,but also the land illegal administrative penalty enforcement mechanism is imperfect and missing.Based on the analysis of the current land illegal administrative punishment and punishment after the implementation of basis,combining with the author's practical experience,to our country land penalty enforcement mechanism problems and solving measures were studied.Domestic scholars on the research of the land illegal behavior is many,but research from the perspective of government land illegal,mainly from the government's present situation and the reason of illegal put forward their own opinions of the land law enforcement,however the author according to their own practical experience and shallow knowledge reserve did not intend to from the above were analyzed and discussed.Government land illegal problem is not the research emphasis and innovation point of this article,starting from the accusing the land illegal demolition of class and confiscate class administrative penalty enforcement status and execute the operability,it has the administrative compulsory enforcement court and administrative organ on the issue of attitudes and practices are analyzed and discussed,and then to the enforcement mechanism of the land illegal administrative punishment legal advice.Land illegal phenomenon has a variety of forms,but the land illegal phenomenon in this paper,we study mainly refers to the illegal transfer of land and illegal occupation of land of two kinds of situations,because these two are the main land illegal behavior,for the two types of illegal land administrative punishment after the enforcement of the most typical study.Our country has cracked down on illegal land laws,and the protective rules of the land are mainly embodied in the land management law.The law of land management is a principle of the punishment of illegal land.Released in September 2014 by the ministry of land and resources of land and resources of the illegal act and regulation specific provision the kinds of land and resources administrative punishment include:warning,a fine,confiscate the illegal income,confiscate the illegal property,deadline demolition,his exploration license or mining license revoked,and other administrative punishments as prescribed by the laws and regulations.However,these measures how specific to operate in practice and execution,because there is no unified regulation or specification,regional each are not identical in operation,objectively crackdown on land offenses differ greatly.The introduction introduces the current situation and existing problem of land issues in our country's outstanding problems.Summary this paper discusses the relevant laws and regulations on land in our country.The current land illegal phenomenon mainly refers to the illegal transfer of land and illegal occupation of land two scenarios.For these two kinds of illegal situation,this article mainly from the court's administrative compulsory enforcement,as well as the administrative organ to accusing the land illegal enforcement practice effect and maneuverability,the above problems puts forward some practical legal advice,in order to present some help accusing the build of the system of administrative enforcement.This paper mainly discusses the following aspects of content:The first part mainly discusses the illegal occupation of land transfer and the concept,manifestation,the analysis of the manifestation of these two kinds of illegal behavior,and then combined with the author's practical experience and from the Angle of economy,the supply and demand,interest,planning,discusses the reason of the two kinds of behavior is not effectively.The second part discusses the land illegal administrative penalty.From the laws and regulations,the basis for the land administration law,"land management law implementing regulations","law on administrative punishments,the administrative enforcement act" of land and resources administrative punishment method",the illegal act and regulation of land and resources,etc.,but these is only part of the general,principled legal rules and regulations,there exist certain shortcomings,has not been fundamentally illegally transferred touches and illegally occupy the root cause of the illegal ACTS.The third part discusses the illegally transferred and illegal occupation of land for the current situation of administrative compulsory execution and the problems existing in the execution.Of the two kinds of illegal activities,the current main problems of compulsory execution is the execution part of value,and the lack of enforcement procedure.The current enforcement of the two kinds of behavior on the one hand,rely mainly on the court,but the court case,execute on the issue can push,push,reach the effect of the execution;On the other hand the government on the part of the illegal act regulations and measures also lack do line,unable to meet the needs of the execution.The fourth part of illegal transfer and after the occupation of land illegal administrative penalty enforcement measures of perfecting the countermeasures and Suggestions are put forward.Advice is mainly from the following several aspects:unified legal norms,enhance the operability of legal norms;Suggested by the administrative organ forced demolition of illegal structures;Perfect confiscate such administrative penalty enforcement of the specific procedures.