In March 2019, the natural resources bureau of a certain county found that the villager Li occupied 200 square meters of contracted land to build a supermarket without approval, and immediately imposed administrative punishment on him: he was ordered to demolish the illegal buildings and restore the land to its original state within a time limit, and he was fined 10 yuan per square meter for the illegal occupation of land
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Li did not propose administrative reconsideration and administrative litigation, but also refused to implement the punishment decision
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In October of the same year, the town government, in accordance with Article 65 of the urban and rural planning law, served a notice of demolishing illegal buildings within a time limit, posted a notice, and served a reminder
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But Li turned a deaf ear and refused to perform the demolition obligation
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Subsequently, the town government organized and coordinated the relevant units to forcibly demolish the supermarket
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Li refused to accept that the town government has no right to demolish
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The demolition of illegal buildings should be subject to the provisions of Article 83 of the land administration law, and the administrative organ should apply to the people’s court for compulsory execution according to law, but the town government should not use the urban and rural planning law to demolish them in the form of joint law enforcement
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The reasons are as follows: first of all, Li violated the provisions of the urban and rural planning law and the land management law
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The third paragraph of Article 41 of the urban and rural planning law stipulates: “the construction unit or individual may go through the land use examination and approval procedures only after obtaining the rural construction planning license.” In this case, the supermarket built by Li did not obtain the rural construction planning license
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According to the urban and rural planning law, the supermarket has not obtained the rural construction planning license, which is illegal construction
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According to the land management law, the supermarket has not applied for the land use license, which is illegal land occupation
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Secondly, the court does not accept the application of non litigation compulsory demolition
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According to the reply of the Supreme People’s Court on the compulsory demolition of illegal buildings, structures and facilities, which came into effect on April 3, 2013: “according to the spirit of the relevant provisions of the administrative compulsory law and the urban and rural planning law, the law has granted the administrative organ the power of compulsory execution to the compulsory demolition of illegal buildings, structures and facilities in violation of the urban and rural planning law The people’s governments of townships and towns may, in accordance with the provisions of Article 65 of the urban and rural planning law, organize the compulsory demolition of the buildings
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Finally, the town government has a law to enforce the demolition
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According to Article 65 of the urban and rural planning law, “if the planning area of a township or village fails to obtain a rural construction planning license in accordance with the law or to carry out construction in accordance with the provisions of the rural construction planning license, the people’s Government of the township or town shall order it to stop construction and make corrections within a time limit; if it fails to make corrections within the time limit, it may be demolished.” Therefore, the township government is the main body of law enforcement in the township and village planning area
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The law does not explicitly require that the demolition of illegal construction in the township and village planning area must apply to the people’s court for compulsory execution, but gives the township and Town People’s government the power to organize the compulsory demolition
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To sum up, for the two cases of illegal land occupation and illegal construction at the same time, the township government can implement the mandatory demolition of illegal buildings in the nature of joint law enforcement, and the demolition behavior has legal basis and is not suspected of illegal
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