Study On Legislation Of Compulsory Demolition Of Illegal Buildings

With the rapid development of China's economic construction,people's living standards have been greatly improved to meet the basic food and clothing conditions,followed by the demand for housing.With the rapid rise of house prices,in the face of the temptation of huge interests,a large number of illegal buildings all over the country sprang up like miracles.These illegal buildings encroach on public resources,undermine the normal construction order,hinder the development of the city,not only harm the image of the city,but also endanger public safety and the legitimate rights and interests of others.Urban governance has become a more and more important part of national administrative activities at the present stage.In the process of "demolition and construction," the administration and citizens engaged in the most violent confrontation.Due to the social conflicts caused by the demolition,the cicadas have been the first to report social mass incidents in China for several consecutive years.Many problems exposed in the process of compulsory demolition of illegal buildings reflect that there are still large loopholes in the legislation of the system at present in our country.As the most important part of citizens' property rights,buildings must be restricted with sufficient legal basis.Under the background of ruling the country according to law and administrating according to law,to standardize the behavior of administrative law enforcement,we should make a radical cure at the source-that is,to analyze and discuss the legislation of compulsory demolition of illegal buildings,and to perfect the relevant legislation.To provide a sufficient legal basis for the practice of administrative acts,as well as procedural norms.At present,the compulsory demolition system of illegal buildings in our country is constructed by many department laws,together with all kinds of administrative regulations,local regulations and local government regulations.Because of the lack of a systematic and perfect legal system,it is difficult to unify the standards in the process of administrative law enforcement of local administrative organs,which has brought a lot of trouble to the concrete operation.In addition,due to the absence of supervision and relief mechanism,it is difficult to get corresponding relief after the infringement of citizens' legitimate rights and interests,which leads to a major social mass accident.Not only endangers the public interest,but also harms the image of the government.Therefore,it is urgent to study and analyze the forced demolition ofillegal buildings.This paper expounds and analyzes the above-mentioned problems from four aspects: the introduction starts with the present research situation of our country,and analyzes the practical significance of the study on the legislation of compulsory demolition of illegal buildings.The first chapter introduces the related basic concepts,including the definition and identification standards of illegal buildings,the concept and legal attributes of compulsory demolition of illegal buildings.The second chapter analyzes the legal basis on the legislation of compulsory demolition of illegal buildings in China.From the angle of inevitability and rationality,this paper analyzes the basic theory of administrative law contained in the legislation of compulsory demolition of illegal buildings.The third chapter starts from the present situation of the legislation of compulsory demolition of illegal buildings in our country,and analyzes the difficulties and reasons of the legislation of compulsory demolition of illegal buildings.The fourth chapter combines the analysis and demonstration of the first three parts,aiming at all kinds of problems in the legislative practice of our country at the present stage,puts forward the perfect suggestion from the angle of the rule of law government and the administration according to law to construct the legal system of the compulsory demolition of illegal buildings.