Study On The Mechanism Of Forced Demolition Of Illegal Buildings

With the rapid development of urbanization and the increasing demand of residents,the rampant illegal construction has become a serious problem of social governance.Relevant administrative departments either turn a blind eye to illegal buildings,or rely on the movement of "one-size-fits-all" do not distinguish the types of illegal buildings forced demolition of illegal buildings.This approach is not conducive to the construction of a long-term illegal building governance mechanism,but also vulnerable to infringement of citizens’ legal property rights and residence rights,stimulate social contradictions.At present,there is no special law in our country to regulate how to deal with illegal buildings.The relevant legal provisions are scattered in laws such as the Urban and Rural Management Law,the Land Law,the Water Conservancy Law,etc.The legislation is scattered,the scope of application is crossed or overlapped.The procedure of compulsory demolition of illegal buildings is mainly based on the provisions of the Administrative Compulsory Law,but there are problems such as high demolition cost,low efficiency and unable to effectively protect the public interest.Therefore,this article starts with the categorization of illegal buildings,clarifies the legal nature of the illegal demolition of compulsory buildings,and combines the local legislation and law enforcement practice of illegal demolition in my country to build a mechanism for illegal demolition.The first chapter of the thesis is mainly to clarify the definition of illegal buildings,introduce their types and put forward the legal nature of the "dualism" of the administrative behavior of forcibly demolishing illegal buildings,and determine the limitation of prosecution of illegal buildings.The second chapter introduces the status of illegal building forced demolition mechanism from four aspects:the main body of illegal building identification,identification standard,main body of demolition,and enforcement procedures.The third chapter summarizes the various practical problems existing in the illegal building forced demolition mechanism.Chapter Ⅳ proposes to clarify the main body of illegal building identification,clarify the identification standards and demolition standards of illegal buildings,determine the subject of forced demolition,and construct immediate and rapid demolition procedures according to the types of illegal buildings,and plan specific,from the perspective of improving administrative efficiency.Practicable mandatory removal procedures.