Research On The Governance Of The Predicament Of The Compulsory Demolition Of Illegal Construction

Illegal construction is a major problem in national urban and rural planning and needs to be dealt with urgently.Because the administrative relatives are not willing to carry out demolition on their own,the compulsory demolition of illegal constructions is an important way to demolish illegal constructions.In practice,it has been in a difficult situation.In practice,there are often cases where administrative organs illegally carry out forced demolition.This article first sorts out and categorizes the laws and regulations on illegal construction nationwide,and preliminarily calculates the number of online judgments in the past three years nationwide.The number of relevant illegal construction cases in 2019,based on the preliminary understanding of the overall situation of the compulsory demolition of illegal constructions from across the country,and then taking the cases of compulsory demolition of illegal constructions in Beijing as an example,the relevant cases in Beijing in the past three years were retrieved,Screening,statistics and analysis,from the four aspects of case distribution,winning rate,reasons for winning,and reasons for losing,and based on the statistics,put forward the problems existing in the current compulsory demolition of illegal constructions in Beijing and the whole country.After summarizing and sorting out the problems obtained from the above statistics,it includes the following four aspects: First,the subject of compulsory demolition of illegal construction is unclear.There are differences in the subjects of compulsory demolition of illegal construction in different regions,and the demolition involves such as housing.Cooperate with the departments of urban and rural construction,public security,economy and informatization,urban management,agriculture and rural areas,etc.,the number of administrative organs involved in the compulsory demolition of illegal construction is relatively large.Second,the fact of illegal construction is unclear.As to whether it is illegal construction,it usually requires on-site inspection and inspection,investigation to the parties,and a letter to the planning and natural resources department to ask whether the corresponding procedures have been obtained.Investigation and inquiry or directly identified as illegal construction without any procedures,and there are also many problems with the identification of administrative counterparts;third,the illegal construction of forced demolition procedures is illegal,and it requires a lot of manpower to carry out relevant procedures completely in accordance with laws and regulations,material resources,financial resources and time,and compared with the huge number of illegal construction,the number and quality of grass-roots law enforcement personnel cannot be commensurate with the workload,resulting in widespread violations of procedures;fourth violation of the reconsideration litigation period for forced demolition,the actual administrative organs are:Completing the tasks of superiors or taking into account the time cost,the forced demolition often does not wait until the expiry of the reconsideration and litigation period.In view of the above four aspects,this paper proposes the following solutions: first,clarify the implementation subject,and formulate regulations in line with local conditions to clarify the implementation subject of illegal construction and compulsory demolition;second,enhance the accuracy of fact-finding,establish A unified standard for the identification of illegal construction,to determine the identity of each party and the relationship between the parties;third,reduce law enforcement costs and strengthen procedural supervision,clarify that administrative organs can recover costs through administrative orders,and increase responsibility for violations of procedures;Fourth,the time limit for reconsideration proceedings should be appropriately shortened according to the circumstances.For example,if public safety is endangered,construction is underway,etc.,it can be demolished immediately.Through the above solutions to solve the current predicament of the administrative organs in the process of compulsory demolition of illegal construction.