Illegal construction

In the expropriation and demolition work, due to some special reasons, the phenomenon of forced demolition cannot be eliminated, especially for some illegal buildings. According to the law, the urban management has no right to directly demolish illegal buildings without authorization from superior authorities. In practice, urban management demolishes illegal buildings from time to time. Some ordinary people will stop it, which involves a problem.

Is it illegal to stop forced demolitions by urban management? Let’s take a look at this issue. The legal basis for preventing forced demolition is illegal: According to Article 277 of the Criminal Law, those who use violence or threats to prevent state workers from performing their duties in accordance with the law constitute the crime of obstructing official duties. However, those who obstruct non-state workers from performing their duties, or who are state workers but are not performing their duties, or whose activities are not within the scope of their duties in accordance with the law, do not constitute the crime of obstructing official duties.

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Therefore, the object of the crime of obstructing official duties must be legal. Preventing activities beyond the scope of powers within the scope of authority, or abusing powers to infringe the interests of the state and the public does not constitute a crime of obstructing official duties. According to the above-mentioned legal provisions, the key point to prevent illegal urban management is whether the demolition is legal. Second, the procedure for the forced demolition of illegal buildings.

First, before demolition, the party concerned should be informed to demolish the house on their own, that is, before the house is demolished, a notice for forced demolition of illegal buildings should be issued to the party, and the party should automatically fulfill the time limit for demolition of illegal buildings. Secondly, the administrative enforcement decision letter 003010 should be served to the party, which stipulates: "If the party fails to perform the administrative decision within the time limit after being urged, and there is no justifiable reason, the administrative agency may make an enforcement decision.

The execution decision must be made in writing. If the party concerned does not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and does not demolish it on his own, the administrative agency may force the demolition in accordance with the law. It should be noted here that the "statutory period" for filing administrative lawsuits refers to six months from the date the applicant knows that his legitimate rights and interests have been harmed.

We can be sure that urban management has no right to identify "illegal construction". Without authorization from the local people's government, urban management has no right to directly demolish illegal buildings. If the government authorizes the urban management to demolish illegal buildings under legal procedures, the urban management can carry out forced demolition, but attention should also be paid to whether the forced demolition procedure is legal.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.