Study On The Legal Issues In The Administration Of Urban Illegal Buildings

With the continuous advancement of the urbanization process,a large number of illegal buildings have emerged in the construction and development of the city,which not only hindered the urban planning,but also seriously affected the urban development and social stability.The reasons for the emergence of illegal urban construction are complex and numerous,resulting in a variety of influences.However,the current governance mechanism of illegal urban construction is not perfect in China,and there is room for improvement in many aspects.The governance of illegal buildings in cities has become the focus of public opinion.How to effectively govern illegal buildings is a major test of the governance level of administrative organs and an important subject of social stability and development.Urban development needs scientific and reasonable planning and layout,urban planning must proceed from reality,the spread of illegal construction is bound to the impact of urban construction and management,to the management of illegal construction work is to ensure that an important component of urban planning to strictly implement the need to explore the law of the existence of illegal building urban governance in the process of problems,and targeted to improve it.Therefore,in this paper,starting from the basic theory of illegal building management,first defined the concept of illegal construction,clarify the difference between the illegal and illegal buildings,then analysis the causes of illegal construction of various types,and the harm,summarized a few key cities in our country’s illegal building management present situation,and combed the city of illegal structures in the relevant legal basis in the process of governance.Secondly,from the perspective of trial practice,data analysis is made on the specific problems existing in the urban illegal construction governance.This paper selects 155 administrative judgments related to illegal construction in Jiangsu province from 2018 to 2020 as statistical samples.This part mainly studies and judges the recognition of illegal buildings,the way of governance,the qualification of law enforcement subjects,the legality of forced demolition and the problems in the law enforcement procedures.Finally,according to the situation of statistical analysis to summarize the legal dilemma and problems in the city illegal construction governance,combined with the "urban and rural planning law" and "administrative enforcement law" in the disposal of illegal construction provisions,put forward a series of Suggestions to improve,to strengthen the construction and management of the city to provide a certain reference.