Research On The Applicable Law For The Investigation And Punishment Of Illegal Construction

With the rapid development of urbanization,all kinds of illegal construction occupy every corner of the city,seriously damaging the urban planning and image,and at the same time affecting the urban development and social stability.For a long time,because the law enforcement departments are not strong enough to apply the law when investigating and dealing with illegal construction,the situation of illegal construction is still not well controlled,which inhibits the economic development.Therefore,the study on the problems in the investigation and punishment of illegal construction will help the subject of investigation and punishment of illegal construction to carry out law enforcement conveniently,timely and efficiently,improve the effectiveness of law enforcement,and curb the rampant illegal construction in urban development.The core of this paper is the problem of investigating and dealing with the applicable law of illegal construction.Firstly,the background and current situation of the investigation and punishment of illegal construction in China are introduced,and the research significance of this paper is clarified.By searching a large number of literatures and case materials,this paper summarizes the research results of domestic and foreign scholars on illegal construction,and summarizes and evaluates them by classification.Secondly,starting from the current effective laws and regulations applicable to the investigation and punishment of illegal construction,the administrative organs with the right to investigate and punish illegal construction and their respective legal basis are summarized.Again,through search,in the case analysis to investigate and punish the illegal construction practice,found that the current investigation authorities in law enforcement illegal construction problems,one is the investigation of illegal construction problems of main body,the second is to investigate and punish illegal construction corrective measures judgment standard is not clear,the third is for ongoing illegal construction is investigated for bugs.Finally,according to the problems existing in the investigation and punishment of illegal construction,the author puts forward some Suggestions on how to apply the law better.This paper innovatively puts forward the optimization principle of applicable law,so as to determine the subject of investigation and punishment for illegal construction,facilitate and timely investigation and punishment for illegal construction,and improve the enforcement efficiency of the investigation and punishment team for illegal construction.At the same time,when applying the law,it is proposed to grasp the judgment criteria for the illegal construction that can be removed by taking corrective measures to eliminate the impact on the implementation of urban and rural planning,and the illegal construction that cannot be removed by taking corrective measures to eliminate the impact on the implementation of urban and rural planning,and to accurately apply the investigation and punishment procedures for the illegal construction under construction.This provides certain reference for future administrative organs to better apply the law when investigating and dealing with illegal construction.