Research On The Implementation Of Article 68 Of The "Law Of The People’s Republic Of China On Urban And Rural Planning"

The Law of the People’s Republic of China on Urban and Rural Planning is a leading law in the field of urban and rural planning and construction.In particular,the formulation of Article 68 of the Law is groundbreaking and creative.It is the establishment of a new model for administrative agencies to voluntarily dismantle illegal constructions.The establishment of Article 68 of the Law has a great promotion role in solving urban and rural planning,especially in illegal construction.However,due to ambiguity in legislation,inconsistent understanding of the law,and disconnection between justice and law enforcement,new problems have arisen in the implementation of Article 68 of the Urban and Rural Planning Law.This article takes the conflict of legal theory,administrative law enforcement and judicial practice as the starting point,comprehensively uses legal analysis methods such as literature analysis,comparative method,and case analysis method to analyze and compare in depth,and discusses the problems in the implementation of this law.The argument for this article is as follows:First of all,from the current situation of illegal construction,legislative background and enforcement of the current situation and dilemma,clear the background of the problem research;The significance of the research is explained from the aspects of legislation,law enforcement and judicature.Preliminary analysis of the legal structure from two aspects of behavior structure and logical structure;at the same time expounds the current status of the implementation of the legal provisions.Second,start with the problems in the implementation of the law,analyze and study specifically:the legal nature of the urban and rural planning authority’s order to stop construction is not clear,the legal nature of the urban and rural planning authority’s decision to order demolition within a time limit is not uniform,and the parties involved in illegal construction do not stop.In case of construction or non-demolition within the time limit,the local people’s government at or above the county level where the construction project is located will "communicate" the confusion,the legal nature of the measures to seal off illegal construction sites is not uniform,the implementation of compulsory demolition and illegal construction differences,and whether the court should accept compulsory demolition illegal construction of non-litigation administrative enforcement applications and other issues.Finally,through the above analysis,preliminary opinions are put forward on how to accurately solve the implementation of Article 68 of the Urban and Rural Planning Law.