The Research On Administrative Enforcement In Urban Illegal Construction Governance

In recent years, since Chinese real estate price rises unceasingly andurban living condition under great pressure, urban illegal construction spreadrapidly and difficult to be stop. Administrative compulsory demolition as oneof the most severe governing measures, which involves many aspects andgreat influence, is drawing an extensive concern of the public.The promulgation and implementation of Urban and Rural PlanningLaw transfers the enforcement model of urban illegal constructions fromjudicial execution to administrative execution. When greatly improve theregulation effect of urban illegal construction, it also brings a lot of conflictsin the process of administrative law enforcement. The promulgation andimplementation of Administrative Coercion Law makes special provision forillegal construction Compulsory demolition. When better protect the legitimate rights and interests of the parties, it also bring severe requirementfor law enforcement department to coercively demolish illegal construction.The thesis starts with the practice of illegal construction governing:firstly it combs the legal basis for the use of the law enforcement in the fieldof illegal construction compulsory demolition and show the transformation ofenforcement model in history. Secondly it makes illegal constructionsupervision in Huangpu District as an example to analyze the governing andcompulsory demolition condition of illegal construction. Thirdly analyzes thespecial clause of Administrative Coercion Law which involves illegalconstruction compulsory demolition because law enforcement departmentconfront a lot of problems when using this special clause. Finally theconclusion proposed some suggestions for illegal construction compulsorydemolition system.