Research On The Legal Problems Of Illegal Building Treatment

Under the general background of the comprehensive rule of law,how to deal with illegal construction in accordance with the law is a great test placed in front of the administrative organs.There are more and more legal issues related to illegal construction,so it is of great significance to the study of administrative law on identifying and dealing with illegal construction.At present,in the process of dealing with illegal construction in the theoretical circle,there are still some disputes about the legal attribute identification of the specific behavior of law enforcement agencies.The subject and procedure of dealing with illegal construction are still unclear;There are still some deficiencies in the research on the liability and right relief of the illegal demolition.These not only need to constantly summarize the law enforcement practice of dealing with illegal construction,but also need to carry out more in-depth theoretical research.In this paper,based on the research of the judicial practice in recent years,combined with the existing laws and regulations,found in illegal building process still exist in the process of law enforcement of illegal building that is not clear,the way of punishment is given priority to with split is too single,not comply with the legal procedures,the judicial relief after the illegal demolition of illegal structures is still controversial.In order to solve the dilemma of law enforcement in dealing with illegal construction,first of all,the power and scope of functions and powers of administrative organs should be clarified,and all organs should cooperate with each other.In order to improve the law enforcement mechanism of illegal construction,the first thing to do is to clearly identify the elements,and confirm the attributes in accordance with the provisions of relevant laws and regulations.At the same time,the principle of "law is not retroactive" should be applied.The other party has the right to seek relief for the confirmation of illegal construction.When imposing administrative penalties on buildings that have been recognized as illegal according to law,due attention shall be paid to the proper use of the principle.Illegal buildings may be dealt with in different ways under different circumstances and do not have to be totally demolished.Where it is necessary to dismantle the contract but the other party fails to perform the contract,the administrative organ shall enforce the contract in accordance with the procedures prescribed by law.Through the exploration of judicial practice,it is found that the enforcement of illegal buildings can ease the contradiction of forced demolition through the introduction of administrative agreements.In the whole process of dealing with illegal construction,it is necessary to protect the legitimate rights and interests of the counterparts and the affected stakeholders.When the administrative organ fails to deal with the illegal construction according to law and causes losses to the legitimate rights and interests of the other party,it shall bear the corresponding legal liabilities by means of administrative compensation.