Tiger click the blue word to pay attention to our Spring Festival tiger! The county-level government has no right to dismantle illegal buildings on collective land! Many people will have a misunderstanding that the higher the level, the greater the authority.
At this time, The people’s government at the county level has the right to determine whether the unlicensed houses within the scope of expropriation belong to illegal construction.
However, it should be noted that in the process of house expropriation on state-owned land, according to the provisions of the regulations on house expropriation and compensation on state-owned land, the people’s government at the county level shall organize relevant departments to identify the unlicensed houses within the scope of expropriation, and those belonging to illegal buildings will not be compensated.
According to the relevant provisions of the urban and rural planning law, illegal buildings in urban and rural planning areas are generally demolished by urban and rural planning departments, and illegal buildings on collective construction land outside urban and rural planning areas are demolished by township governments.
In fact, this is not necessarily the case.
The lawyer said: whether the demolition of illegal buildings on state-owned land or collective land, the people’s government at the county level has no law enforcement power.
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It can be seen that the law enforcement power belongs to the Department in charge of natural resources of the people’s government at or above the county level, not the people’s government at or above the county level.
8534 administrative ruling, which found that: according to the relevant provisions of the regulations for the implementation of the land management law, the illegal buildings constructed by illegally occupying agricultural land shall be ordered to be demolished within a time limit by the competent department of natural resources of the people’s government at or above the county level.
The power of administrative organs comes from the authorization of the law, which cannot be done without authorization.
If they fail to demolish within the time limit, The administrative organ that made the punishment decision shall apply to the people’s court for compulsory execution according to law.
In this regard, the Supreme People’s court made an interpretation of the (2019) supreme law Xing Shen No.
For example, in the process of demolishing illegal buildings, the people’s government at the county level has no right to demolish illegal buildings.
