论城市规划区内的违法建设认定权

The Confirmation Right of Illegal Construction in Urban Planning Areas

当前,由于各地关于城市规划区内违法建设的认定模式和认定标准宽严不一,尤其是违法建设的认定权在规划部门和城管部门之间如何划分的不统一,制约了违法建设的查处成效。在应然层面,违建认定权应当由规划部门独立行使;但是考虑到现阶段各地违法建设体量较大和查处效率,可以由城管部门统一负责违建查处活动,但在特定情形下必须事先征求规划部门的认定意见,才能对违法建设作出最终的处理决定。

At present, due to the different confirmation modes and standards of illegal construction in urban planning areas, especially the different division of the confirmation right of illegal construction between planning departments and urban management departments, the investigation and punishment effect of illegal construction is restricted. At the level of“ought to be”, the confirmation right should be independently exercised by the planning department. However, in view of the large volume of illegal construction and the efficiency of investigation and punishment in various regions at the present stage, the urban management department can be unified in charge of the investigation and punishment of illegal construction activities. However, under specific circumstances, the confirmation opinions of the planning department must be consulted in advance before the final decision on the treatment of illegal construction can be made.