刍议拆除违法建筑中的行政强制执行

On the Arbitrary Administrative Execution in Demolishing the Illegal Building

拆除违法建筑的行政强制执行关系到政府对良好发展环境的营造和百姓切身利益的维护。针对拆违过程中行政强制执行存在的问题,本文指出应从法律上明确强制执行机关及其权限,确立行政强制执行程序,建立行政强制执行的相关制度,规定法律责任与救济制度。

The arbitrary administrative execution in demolishing the illegal buildings is of vital importance for the government to create good development environment and protect the common people＇s interests. According to the problems occurred in the course, this article points out that the government should exercise state power according to law. In other words, it is expected to define the executive organ and its authority clearly, establish the program of arbitrary administrative execution, set up some relevant systems, and stipulate the legal liability and the relief system.