Research On The Law Of Forced Demolition

With the rapid development of social economy, the urbanization process in China also shows a tendency of high speed. City development inevitably means to deal with many conflicts of interest, in terms of urban construction, illegal construction and the development of the city public interest contradictions, become the important factor of hindering development threaten social stability. In question highlights at the same time, we need to seek more reasonable and lawful methods of resolving demands both guarantee fairness and justice and pension the livelihood of the people to maintain social stability. This paper tries to from the legal procedures of compulsory Forced demolition of illegal structures, in the perspective of three cases, analysis Forced demolition of illegal structures compulsory legal process of link, analyzes the problems existing in the compulsory Forced demolition of illegal structures legal process, considering the characteristics of society at the present stage in China, the present situation of the process of rule of law, the reasons of the illegal construction, find out the optimized Forced demolition of illegal structures compulsory legal process.This article is divided into three parts through theintroduction, comparison and analysis of the case, find out the deep controversy, and then analyzes these issues and put forward reasonable Suggestions.The first part of this article is mainly about the case judgment without affecting the overall case under the premise of the enrichment and refinement, this paper mainly introduces the basic facts of three cases and the sentence, summing up the focal point of controversy from the case. These issues mainly reflected in the people's court of the three cases of Forced demolition of illegal structures behavior legality examination standard is different, the focal point for the second part of the problem analysis lays the foundation, is also a full theory development and analysis of the main clues.The second part of this article is mainly focus in the first part is mandatory Forced demolition of illegal structures case legal analysis of the problem. These problems mainly include line relief for the relationship between the right and compulsory Forced demolition of illegal structures procedure illegal, notice procedure shall not omit or alternative,dismantle and demand that the reasonable time within a time limit, etc. This article two kinds of views in the academic field and practice field theory for the viewpoint of "view ina conservative way" and "view in a positive way”, combination of the above questions will be analyzed by the two kinds of views,and based on this, advances a kind of "compromise view", this view is in this paper, the fourth part of the rebuild Forced demolition of illegal structures theoretical basis of the program.The third part mainly is the author of this article through the analysis of the case have been the revelation, which force an abstruse Forced demolition of illegal structures law not conducive to the protection of the rights of the other party and the realization of the administrative efficiency, we should emphasis on the basis of simplified Forced demolition of illegal structures compulsory legal process.This revelation is based on the current Forced demolition of illegal structures practice combining with the theory and the legal status analysis of the conclusions.The fourth part is the author of this article Suggestions to the current our country compulsory Forced demolition of illegal structures work, through the first, second and third part of the reason and analysis, put forward some rationalization proposal forced Forced demolition of illegal structures work in China. Mainly divided into the applicationof the idea of rationalization, the perfection of legislation and law enforcement.In terms of process rationalization, the author based on the "view of compromise", first proposed the idea of a program rebuild, reconstruction after the program is conducive to protecting the rights of the parties and to ensure the implementation of administrative efficiency. This article advocates in the field of compulsory Forced demolition of illegal structures it is necessary to set a special legal norm in order to better unify and regulate the behavior of forced Forced demolition of illegal structures. Under the current framework, administrative organs will still work in accordance with the provisions of the existing programs, based on this,this article also puts forward some Suggestions to the field of administrative law enforcement.