Study On The Compensation Of Unlicensed Building Under The Condition Of Administrative License Withdrawal

Under the background of the national strategic layout of ecological environment protection,the effective administrative license obtained by a large number of enterprises according to law no longer meets the needs of the current development situation.Based on the consideration of public interest,administrative organs have withdrawn a large number of effective administrative licenses and closed many enterprises.The issue of administrative compensation has become a hot issue in judicial practice in recent years.In the process of enterprise production and operation,the factory building is the necessary cost for the licensee to implement the administrative license.It is an important part of the enterprise’s fixed asset investment,and therefore the top priority of administrative compensation after the withdrawal of the administrative license.But for a long time,there are many problems in our country,such as the lag of real estate registration legislation,the confusion of building management standards,the poor convergence of the system,and the weak legal awareness of the people,which lead to a large number of unregistered and unlicensed buildings in enterprises.Can "unlicensed building" get compensation under the condition of withdrawal of administrative license? How to determine the compensation standard? And so on.By analyzing the basic concepts and principles of "unlicensed building" and compensation for withdrawal of administrative license,combing the existing legal norms and judicial precedents,this paper makes a typological analysis of the actual mode of "unlicensed building" compensation under the condition of withdrawal of administrative license,and finds that the compensation treatment mode of "unlicensed building" under the condition of withdrawal of administrative license in China is different,and the applicable standards are confused.Combined with theoretical analysis and practical observation,this paper sums up the reasons for the difference of compensation for withdrawal of administrative license in China.Firstly,compensation specification is abstract and not operable;Second,confuse the concept of "unlicensed building" and illegal building,resulting in "unlicensed building" being directly identified as illegal without compensation;Third,due to the lack of the effectiveness rules of neutral evaluation opinions,it is difficult to prove the actual losses caused by the withdrawal of administrative license.Based on the analysis of the compensation dilemma and reasons of "unlicensed construction" under the condition of withdrawal of administrative license,the improvement direction of unlicensed construction compensation under the condition of withdrawal of administrative license includes: first,set up the investigation and identification procedure of "unlicensed construction" to provide a procedural path for the separation of "unlicensed construction" and "illegal construction";Secondly,clarify the legal rules of compensation for withdrawal of administrative license,and provide applicable guidance for "unlicensed construction" compensation under the condition of withdrawal of administrative license;Third,the establishment of Joint Commission evaluation mechanism provides a feasible operation path for the determination of the actual loss.