“Illegal buildings” should also be demolished “legally”.
As for the enforcement by the administrative organ, which administrative organ should implement it in the end must also be determined according to the specific legal provisions.
In similar cases, the demolished party often cuts off water and gas, digs a pit at the door, sneaks an attack in the middle of the night, and beats the demolished person and his parents…
In China’s legal system, The compulsory demolition of buildings (whether legal or illegal) belongs to the scope of administrative enforcement and is regulated by the administrative enforcement law and other laws.
The third is to dismantle by legal procedures.
The results of such events are often “three sorrows for one thing”, Regrettable: first, the house of the party concerned was forcibly demolished and could not be restored; Second, the resistance of the demolished person constitutes a criminal crime (except self-defense and emergency avoidance).
In the middle of the night, one’s house was forcibly demolished, and the parents of the demolished people were taken away.
Article 43 of the administrative enforcement law stipulates: “administrative organs shall not enforce administrative enforcement at night or on legal holidays, except in case of emergency.
This is the last result we want to see! Our attitude is: on the one hand, we should firmly say “no” to the use of criminal crimes to resist administrative violations.
Legal things must be done by legal subjects, which is the requirement of the principle of statutory authority.
But on the other hand, it is more important to say “no” to the “forced demolition” of law enforcement departments and developers.
for residents’ daily life.” That is to say, the demolition of illegal buildings shall not be carried out at night or on legal holidays, or by stopping water supply, power supply, heat supply, gas supply, etc.
Countries under the rule of law do not allow law to deal with law and crime, and retaliation against society should be severely punished.
— according to Article 83 of the land administration law, the organ that makes the punishment decision on the new buildings and other facilities on the illegally occupied land in violation of the land administration law shall apply to the people’s court for compulsory execution according to law.
Any legitimate rights and interests should be remedied through legal channels.
And this is only one of many common cases.
The demolished party also has a variety of ways to resist, such as jumping from a building, self Immolation, bumping, killing, burning, and retaliating against the society in order to get social attention…
How can we achieve “legal” demolition? The first is to be dismantled by the legal subject.
After the administrative organ determines that the party’s building is illegal, it must serve a notice on the party..
It includes illegal buildings that violate laws such as the urban and rural planning law, the land management law and the water law.
To determine the main body of the demolition of illegal buildings, we must first distinguish the division of functions and powers between the administrative organ and the people’s court.
— according to Article 68 of the urban and rural planning law, the local people’s government at or above the county level where the construction project is located shall instruct the relevant departments to forcibly dismantle the illegal buildings that violate the urban and rural planning law.
The second is to dismantle it by legal means.
According to Article 13 of the administrative enforcement law and the administrative procedure law Article 97 stipulates that if the law expressly stipulates that the administrative organ has the power of compulsory execution, it shall be enforced by the administrative organ; Where the law does not provide that the administrative organ has the power of compulsory execution, or provides that the administrative organ shall apply to the people’s court for compulsory execution, the administrative organ shall apply to the people’s court for compulsory execution.
At 2 a.m., Wang, the demolished person, hurried to call the police, but he didn’t find the police after he arrived at the scene.
— according to Article 65 of the water law, buildings and structures that hinder flood discharge built within the scope of river management in violation of the water law shall be demolished by the water administrative department of the people’s government at or above the county level or the river basin management organization according to law.
The purpose is to ensure the normal order of residents’ life.
In particular, we should remind the government law enforcement departments that even “illegal buildings” have to be demolished “legally”.
Wang was sentenced to 12 years for endangering public safety.
If the parties do not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and do not demolish them, the administrative organ may forcibly demolish them according to law.” According to the above provisions, if the administrative organ wants to forcibly dismantle the illegal buildings of the parties, it must follow the following procedures: 1 Reminder.
Administrative organs shall not force the parties to implement relevant administrative decisions by stopping water supply, power supply, heat supply, gas supply, etc.
After calling the police again, at 2:50, Wang drove into the human wall composed of demolition personnel on the scene, resulting in the death of Hu, the demolition cadre on the spot.
Coincidentally, the court found the government’s demolition illegal the day before the judgment.
For the demolition of legal buildings (generally occurring in administrative expropriation), the regulations on Expropriation and compensation of houses on state-owned land must also be particularly applicable; the demolition of illegal buildings (usually in the administrative penalty procedure), the special provisions of Article 44 of the administrative enforcement law shall also apply.
He has lost both his house and freedom, which is a disaster from heaven and bears double the “pain”; third, the “forced demolition” of the government The act was also recognized as illegal, and the relevant personnel were investigated for responsibility.
The so-called illegal construction refers to the buildings and structures built without the approval of the competent department of planning and land and without obtaining the planning license of construction project or the planning license of temporary construction project.
On the one hand, the court found that the government’s demolition was illegal, on the other hand, it convicted and sentenced Wang for resisting the government’s demolition, which gave people an unspeakable taste and caused people to think too much…
The demolition of illegal buildings must be carried out in strict accordance with the procedures specified in Section 1 of Chapter IV of the administrative enforcement law, In particular, we should abide by the special provisions of Article 44: “if illegal buildings, structures and facilities need to be forcibly demolished, the administrative organ shall make a public announcement and require the parties to demolish them by themselves within a time limit.
In recent years, various criminal cases caused by “forced demolition” have occurred repeatedly.
