This kind of practice is rare.
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This department is what ordinary people call urban management.
Once the expropriated person encounters it, he should be vigilant and consider whether his house can be checked by the natural resources department.
This is mainly to ensure the right of statement and defense of the punished person.
The competent department of urban and rural planning at or above the county level.
It is likely to be illegal to simply identify illegal buildings without following legal procedures.
Please rest assured to follow.
There are mainly four departments that can identify illegal construction: 1.
The first step of identifying an illegal building – Investigation and evidence collection is just like identifying an individual’s behavior as illegal.
In the process of investigation and evidence collection, the owner of the illegally built house will be asked.
2.
The urban management department itself has no right to manage illegal buildings, but if the urban management department is authorized by the provincial people’s government, it has the right to require the owner of illegal buildings to dismantle the illegal buildings by himself.
For this inquiry and signing the corresponding records, the owner of the illegally built house should be highly cautious.
Places beyond the scope of its law enforcement have no jurisdiction.
Hearing right.
It should also be noted that not all illegal buildings should be demolished.
This is because the microwave cooking process is fast, it is difficult to taste if it is not soaked thoroughly, and it is difficult to play the role of onion, ginger, garlic and other flavoring.
Want to identify illegal construction? It also depends on whether it is qualified! The premise of identifying illegal buildings is to have the qualification of identifying the subject.
According to the provisions of the land administration law, the natural resources department (land and Resources Department) has the right to identify the illegal construction of rural land and make an administrative punishment decision to order the demolition within a time limit, but it does not have the power to implement the administrative demolition.
In the process of handling demolition cases, we often encounter that the client’s house is recognized as an illegal building in the process of expropriation, and then the house is forcibly demolished by relevant departments in the name of illegal building.
3.
So what is the standard for the identification of illegal construction? Can the expropriated party dismantle it if it wants? This is the real case the author encountered recently.
Hearing refers to a procedural activity in which an administrative organ, in the process of implementing administrative punishment, is presided over by non investigators of the case before making a decision, listens to the facts, evidence, administrative punishment suggestions and legal basis put forward by the investigators, and listens to the statements, evidences, cross examinations, arguments and opinions of the parties..
Then ask the state for compensation, but the result is that the compensation is based on the standard of illegal construction.
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Natural resources sector.
Then the house was forcibly demolished and entrusted a local lawyer to sue for illegal demolition, winning the lawsuit.
If the township government cannot complete it independently, the district planning department can send personnel to guide the investigation.
To identify illegal buildings, the collection department must first investigate the basic situation of the owner of the illegally built house, and there must be video data and records of conversation and inquiry with the owner of the illegally built house.
Raw water should not be used for cooking.
Township and Town People’s governments.
In the practice of administrative law enforcement, the collection department will require the owner of illegally built houses to sign common records such as on-site inspection records, on-site inspection records and investigation records.
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The urban and rural planning department is a statutory department, which is in charge of illegal buildings in cities; In some places, the merger of urban and rural planning departments and natural resources departments is called “planning and land and resources management committee”, so the planning and land and resources management committee has the right to take charge of illegal construction.
3.
Before making a decision on punishment, law enforcement officers must inform the punished person in writing of the facts, reasons and basis of administrative punishment.
Because the tap water contains chlorine, it will destroy the vitamin B1 contained in grain during cooking.
When cooking in a microwave oven, first soak the raw materials with seasoning.
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4.
If law enforcement personnel refuse to modify the record, they shall not sign the record, otherwise it will constitute self admission and have legal effect.
Advanced work – after the investigation and evidence collection of illegal construction and relief planning department is completed, determine whether the house involved belongs to illegal construction in accordance with urban and rural planning law, administrative punishment law and other laws and regulations.
The investigation and evidence collection work shall be undertaken by the county (District) planning department if the house is in the urban planning area, and by the township government if the house is in the rural planning area.
At this time, the decision to sue and revoke illegal construction has long passed the prosecution deadline, and it is too late to repent!! In fact, the identification of illegal buildings is quite rigorous.
If the law enforcement officer refuses to listen to the statement and defense of the party concerned, the decision on administrative punishment cannot be established.
2.
2.
When signing, the owner of illegally built houses must pay attention to whether the contents of the records are consistent with the facts described by himself.
Township People’s governments, within the scope of their law enforcement (township and village planning areas), have the right to manage illegal buildings.
Comprehensive administrative law enforcement department of urban management.
In case of inconsistency, law enforcement personnel shall be required to modify the record.
Identifying a building as an illegal building should also have a very strict investigation and evidence collection, speak with evidence and prove with evidence.
Even if the house is recognized as illegal construction, the expropriated person still enjoys legal rights and interests: 1 Right of statement and defense.
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The punished person has the right to make a statement and defense.
The expropriated person received the “Notice of rectification within a time limit” from the government department and didn’t care about it.