The country solemnly speaks out! Starting from 2024, we must intensify efforts to crack down on the behavior of demolishing illegal buildings instead of illegal construction! The "Working Procedures for the Investigation and Handling of Illegal Acts of Natural Resources" put forward three systems for law enforcement!
First of all, the administrative law enforcement publicity system clearly requires that the public's right to know, the right to participate and the right to supervise in the process of investigation and punishment must be protected;
Secondly, the recording system of the whole process of law enforcement stipulates that every word and deed of law enforcement personnel must be recorded;
Finally, the statutory review system for major law enforcement decisions stipulates that once there is abuse of power, favoritism and other behaviors, we can investigate the corresponding responsibilities in accordance with the law, so the illegal acts of abusing power and deceiving the public will face serious punishment by law!
When the administrative organ determines that the party's house is an illegal building and makes a decision to order the construction to be stopped, corrected within a time limit, or demolished within a time limit, the party has the right to file a reconsideration within 60 days, or within 6 months to file an administrative lawsuit with the city or county people's ** urban and rural planning department or the township or town ** who made the decision to demolish the violation as the defendant. Through the review of whether the demolition decision is legal, it is judged whether the demolition violation can be the basis for compulsory demolition.
Even if the decision to demolish is lawful, the administrative organ must make a compulsory enforcement decision before the forced demolition. As an independent specific administrative act, the parties concerned may still file a reconsideration within 60 days or file an administrative lawsuit within 6 months. The act of compulsory demolition itself is actionable, and administrative reconsideration can also be initiated. Article 8 of the Administrative Coercion Law stipulates that: "Citizens, legal persons or other organizations shall enjoy the right to make statements and defenses against administrative organs that carry out administrative compulsion; have the right to apply for administrative reconsideration or file an administrative lawsuit in accordance with the law; Where an administrative organ suffers harm as a result of its illegal implementation of administrative compulsion, it has the right to demand compensation in accordance with law. ”
Even if the decision to demolish the violation and the decision to enforce the law are legal and valid, there may be cases where the implementing entity is not qualified, the subject of enforcement is wrong, the scope of enforcement is expanded without authorization, appropriate measures such as registration, sealing, and custody of movable property are not taken, causing the lawful property loss of the person subject to enforcement or others, and the implementation is carried out at night or on statutory holidays in violation of the provisions of the Administrative Coercion Law, or illegal situations such as stopping the supply of water, electricity, heat, and gas to residents' lives. According to the current laws and regulations, the identification and demolition of illegal buildings must be carried out in strict accordance with legal procedures.
Beijing Chuangwei Law Firm reminds everyone that during this period, the relocated households must properly grasp the opportunity, and do not regret it because of the delay in the statute of limitations or the time limit for reconsideration.