The Legal Nature Of The Instructs Deadline Demolition Notice

The country's urbanization process can be reflected in many aspects,and the increase in the number of buildings and floor space is undoubtedly one of the most significant metrics.These buildings have sprung up,but the number of these buildings has mushroomed,but at the same time the number of these buildings will inevitably be built without legal means.For example,they were not approved by the relevant departments before they were built,or they were approved but were not approved during the construction process.For construction,these are illegal buildings.They will affect city planning at least,and there will be quality and fire hazards,which will seriously endanger the public interest.Under this circumstance,the measures to forcibly remove illegal buildings have entered the range of choices of administrative agencies.Such administrative actions have a great impact because real estate in housing categories occupies a large proportion of household assets.Therefore,only strictly stipulating such powerful administrative actions can genuinely and effectively protect the legitimate rights of administrative counterparts and related persons and maintain social harmony and stability.There are many problems existing in the limited-term demolition activities.For example,the "urban and rural planning law" and the "Land Management Law" do not accord with the qualitative and procedural issues governing the removal of illegal buildings within a limited period of time.As a result,local governments are not uniform when investigating illegal constructions.The standards and procedures for the implementation of the law,there is a perception of misunderstanding whether the administrative agency has the right to implement compulsory demolition and the nature of the demolition activities issued before the deadline.In the "Urban and Rural Planning Law," the forced removal of illegal buildings within the urban planning area is characterized as administratively enforceable,and then the deadline for dismantlement is administrative compulsory measures;in the "Land Management Law",however,it is defined as administrative.Punishment.This leads to different departments taking different approaches based on different laws.There is also some controversy on the part of the implementation of compulsory demolition activities.Article 64 and Article 68 of the Urban and Rural Planning Law clearly stipulate that the relevant government departments have the right to implement forced demolition of illegal construction activities,but they are like cities.Whether management law enforcement agencies are authorized to implement mandatory demolition is still a controversial topic.In the process of dismantling the illegal construction,two kinds of instruments "decided order deadline dismantling decision" and "limited time dismantling notice" are issued.The former is reparable,but the law does not specify the nature of the "definition period dismantling notice." Whether or not it has litigability is also the focus of constant controversy.Such uncertainty leads to the strong influence of the forced demolitions on the property rights of citizens in the process of enforcement.Therefore,it is particularly important to identify the nature of the “definition period dismantling notice” of the legal documents generated during the deadline removal and the process.Whether or not the “notice” can be appealed also directly relates to the relief of citizens' legitimate rights and interests.The point of this paper is to classify the nature of the Notice as an administrative penalty and to have a suitability.