The Construction Of The Procedure For Determining The Legal Nature Of Unregistered Building

Article 24,paragraph 2,of the Regulations on the Expropriation and Compensation of Housing on State-owned Land provides for the first time that the people's governments at the municipal and county levels shall organize relevant departments to determine the legal nature of unregistered buildings within the scope of expropriation before making a decision on expropriation.The final determination of the legality of unregistered buildings has a direct impact on whether compensation can be made in the subsequent decision of expropriation compensation.It is closely related to the property rights and interests of the expropriated person.The value and importance of this determination is self-evident.However,the current administrative legislation lacks specific procedural provisions for the identification of the legal nature of unregistered buildings.Some cities and counties have formulated specific normative documents for this purpose.The contents of the provisions are not only different,but also the effectiveness of the normative documents themselves remains to be discussed.Under the current situation of such standardization,there are a series of problems in the practice of identifying the legal nature of unregistered buildings,such as the imposed person can not get unified judicial relief,the unknown subject of identifying responsibility leads to "different judgments in the same case",the imposed person has doubts about the basis of identifying normative documents as administrative subjects,and so on.Through the analysis of the status quo of the norms and problems in practice of the identification of the legal nature of unregistered buildings,it can be found that there are defects in the current norms,such as the lack of uniform procedure norms in the whole country,the conflict between the contents of normative documents of cities and counties and the superior law.Such defects are the root causes of a series of problems in practice,and the solution to them is the uniform procedure norms.To construct a complete set of procedures for identifying the legal nature of unregistered buildings,so as to regulate the actual operation of identifying,and then eliminate the problems in practice.For the design of the procedure for determining the legal nature of unregistered buildings,it is structurally carried out according to the four stages of initiation,examination,decision and relief in sequence;in addition to the various links of the process of identification,the content includes five items,i.e.different municipalities and counties' normative documents and controversial applicants,relevant departments,criteria for identification,subject of issuing documents and suability in academia.Rong,carry out in-depth discussion;Jurisprudence closely combines the essential attributes of the identification of the legal nature of unregistered buildings;Purpose follows the principle of procedural legitimacy stipulated in the Regulations on Housing Expropriation and Compensation on State-owned Land,and constructs a systematic procedure for the identification of the legal nature of unregistered buildings.