集体土地上违法建筑的法律问题研究
发布时间：2018-10-10 19:38
【摘要】：近年来,随着城市建设用地的扩张、农村集体土地被征收为国有土地的逐渐增加,集体或个人对集体建设用地及土地上的建筑物不能享有像国有土地及土地上的建筑物一样的权利、行政规划不具有科学性和非民主性等现象的发生,《土地管理法》及其配套法规、规章已不能合理地调整近十二年来因农村集体土地而引发的各种法律关系,也不能与《城乡规划法》有效的衔接。同时,行使公权力的行政机关对违法建筑的认定和处理过程中引起的矛盾凸显,导致政府逐渐丧失了公信力。笔者在此只讨论在城镇规划区内及村庄规划区内的集体土地上违法建筑面临的法律问题。本文中,笔者讨论集体所有制土地上违法建筑的认定、分类、所有权、买卖合同及继承,行政规划、行政强制以及相对人的救济等问题。核心问题是集体所有制土地上违法建筑的认定和处理。在当今互联网发展迅速的时代,“互联网+”正在引领社会发展的新纪元。为避免不必要的官民冲突,政府应充分利用网络资源,建立信息共享机制、监督举报机制。政府执法部门应当加大法律、法规、规章的学习,避免在执法过程中的实质性违法和程序性违法。
[Abstract]:In recent years, with the expansion of urban construction land, rural collective land has been expropriated as state-owned land gradually increased. The collective or individual shall not have the same rights over the land for collective construction and the buildings on the land as for the state-owned land and the buildings on the land, Administrative planning is not scientific and non-democratic. The Land Management Law and its supporting laws and regulations can no longer reasonably adjust the various legal relations caused by the rural collective land in the past 12 years. Nor can it be effectively linked to the Urban and Rural Planning Act. At the same time, the contradictions caused by the administrative organs exercising public power in the process of identifying and handling illegal buildings have gradually lost their credibility. The author only discusses the legal problems faced by illegal buildings on collective land in urban planning areas and village planning areas. In this paper, the author discusses the identification, classification, ownership, sale contract and inheritance, administrative planning, administrative compulsion and the relief of the relative party on the land of collective ownership. The core problem is the identification and treatment of illegal buildings on collective ownership land. In the era of rapid development of the Internet, the Internet is leading the new era of social development. In order to avoid unnecessary conflicts between government and people, the government should make full use of network resources, establish information sharing mechanism and supervise reporting mechanism. Government law enforcement departments should increase the study of laws, regulations and rules to avoid substantive and procedural violations in the course of law enforcement.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.3
本文编号：2263001
[Abstract]:In recent years, with the expansion of urban construction land, rural collective land has been expropriated as state-owned land gradually increased. The collective or individual shall not have the same rights over the land for collective construction and the buildings on the land as for the state-owned land and the buildings on the land, Administrative planning is not scientific and non-democratic. The Land Management Law and its supporting laws and regulations can no longer reasonably adjust the various legal relations caused by the rural collective land in the past 12 years. Nor can it be effectively linked to the Urban and Rural Planning Act. At the same time, the contradictions caused by the administrative organs exercising public power in the process of identifying and handling illegal buildings have gradually lost their credibility. The author only discusses the legal problems faced by illegal buildings on collective land in urban planning areas and village planning areas. In this paper, the author discusses the identification, classification, ownership, sale contract and inheritance, administrative planning, administrative compulsion and the relief of the relative party on the land of collective ownership. The core problem is the identification and treatment of illegal buildings on collective ownership land. In the era of rapid development of the Internet, the Internet is leading the new era of social development. In order to avoid unnecessary conflicts between government and people, the government should make full use of network resources, establish information sharing mechanism and supervise reporting mechanism. Government law enforcement departments should increase the study of laws, regulations and rules to avoid substantive and procedural violations in the course of law enforcement.
【学位授予单位】：青岛大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.3
【参考文献】
相关期刊论文 前3条
1 陈健生;魏静;;县域新型城镇化与新农村建设融合发展评价研究——以四川省为例[J];经济体制改革;2016年01期
2 崔俊贵;白晨航;;违法建筑的权利归属及买卖合同的效力[J];法学杂志;2013年06期
3 王小莉;;违章建筑买卖合同法律问题初探[J];黑龙江省政法管理干部学院学报;2007年05期
相关硕士学位论文 前1条
1 张怡斐;城市化进程中拆违问题研究[D];中国社会科学院研究生院;2013年
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