Research On Legal Problems Of Compulsory Demolition Of Illegal Buildings In China

There are two types of enforcement modes for illegal construction of illegal buildings worldwide,mainly including executive-led execution mode and judicial-led execution mode.China adopts a judicial-led execution model,in order to balance efficiency and fairness,and at the same time give the administrative organs a certain degree of self-enforcement.In this mode,the illegal building is forcibly removed to apply for court enforcement,and the administrative agency is self-executing.However,due to the large number of illegal buildings in China at present,there are many cases in the executive organs,and there are few people,property and wealth,and there are few administrative organs that have the right to dismantle illegal buildings.The judicial authorities often fail to apply for forced removal of illegal buildings.carried out.This paper starts with the concept of illegal building and analyzes the theoretical issues such as its constituent elements.In view of the problems in the legislation and implementation status of the illegal construction of illegal buildings in China,the investigation on the forced dismantling of illegal buildings in other countries and specific areas is considered,and it is believed that the system of forced removal of illegal buildings in China should be improved from the following aspects.From the aspect of legislation,the definition of illegal buildings is defined,the main body of illegal buildings is defined,the main body of illegal construction is clarified,the emergency procedures for forced removal of illegal buildings are established,the law enforcement power of administrative organs is standardized,and the punishment mechanism for illegal construction actors is improved.Improve the recommendations.From the aspect of standardizing the mandatory demolition supporting mechanism for illegal buildings,it has established a government-led linkage implementation mechanism,constructing a specialized illegal construction demolition enforcement team,and improving the diversified supervision system for the illegal demolition of illegal buildings.In order to improve the system of forced demolition of illegal buildings in China.