On The Identification Of Illegal Building In Administrative Compulsory Decisions In China

In recent years,the proliferation of illegal buildings has seriously hindered the urbanization process in China.There are still many problems in the current governance of illegal buildings in China,among which the identification of illegal buildings is particularly important.The recognition of illegal buildings is the foundation and prerequisite for the governance of illegal buildings,which directly affects whether illegal buildings should be demolished in the future and whether compensation can be provided.At present,theoretically speaking,the determination of illegal buildings involves both administrative law enforcement and judicial fields.The determination of illegal buildings discussed in this article is within the field of administrative law enforcement,specifically,in administrative compulsory decisions.At present,there is no specialized law in China to regulate the identification of illegal buildings.At present,there are still shortcomings in legislation.Some legal provisions are too general,and many provisions are inconsistent,even contradictory,leading to confusion in the identification of illegal buildings in practice.Law enforcement personnel also have a large space for discretion,Different measures will be taken in law enforcement,and related legal issues are increasingly prominent.This article focuses on cases and,based on the combination of cases,analyzes the identification problems that exist in the cases.After reaching the conclusion of the case analysis,solutions are proposed,hoping to solve the problem of illegal building identification in judicial practice and provide helpful suggestions.The introduction section of this paper mainly clarifies the background and significance of the topic,and analyzes the current research status.The first chapter begins with a brief description of the case and raises corresponding questions.Chapter 2 analyzes the legal principles involved in the case.Then,through analysis and research,it was found that there are some problems in China’s current identification of illegal buildings,specifically in the areas of overlapping powers of the identification subject,single identification standards,partial lack of identification procedures,and large discretionary space for identification rights.Then,based on the existing problems,the reasons for their occurrence were analyzed.After analyzing the case,Chapter 3 draws a conclusion on the issues raised by the case,and proposes its own suggestions on how to identify similar cases.Finally,based on the conclusion,solutions are proposed,which mainly include three measures:improving the legislation of illegal building identification mechanism,identifying building types,and improving long-term management mechanism.