Difficulties And Perfection Of Illegal Building Forced Femolition System

Illegal construction is a difficult problem in the field of social governance.In the field of administrative law,the demolition system of illegal buildings has a series of difficulties in the process of operation.First,the legal and normative system of illegal construction is not perfect,the provisions are scattered,the concept of illegal construction and illegal construction are mixed,and the unified standard definition of illegal construction cannot be formed.Second,the disposition subject of illegal construction is not clear,the division of responsibilities is unclear,and there are frequent overlapping phenomena.The identification right and execution right of illegal construction are not clearly defined respectively,which leads to chaos in law enforcement.Third,the implementation of the compulsory administrative law article 44,for the protection of rights and interests of the other party has played a positive role,but it led to the forced demolition of illegal structures must wait for the long end,during the period of reconsideration and litigation against demolition of illegal structures under construction,make illegal building of endangering public security,damage the interests of the public state persist,administrative efficiency value,At the same time,it also violates the purpose of administrative management to safeguard public interests.Starting with the concept of illegal construction,the author discusses the evolution of illegal construction and illegal construction.The actual meaning of illegal building and illegal building is similar under the current system,so it is reasonable to use the concept of illegal building uniformly.At the same time,illegal construction should be defined scientifically according to the theory and practice.In view of the implementation dilemma of the compulsory demolition system,it is urgent to perfect the normative system,formulate a unified law on illegal construction,unify the concept and type of illegal construction,and stipulate different procedural rules according to whether the illegal construction has been completed.For illegal buildings under construction,more attention should be paid to efficiency value to prevent illegal construction from harming public interests;For the illegal buildings that have been built,we should continue to adhere to the relevant provisions of the Administrative Enforcement Law,and shorten the time limit for reconsideration litigation in particular,so as to prevent the processing cycle from being too long.In addition,through multi-party co-governance,consultation law enforcement and other ways to make illegal construction governance more diversified,promote social governance to a new level.