关于《城乡规划法》第64条的若干思考

《中华人民共和国城乡规划法》第64条是城乡规划主管部门依法查处违法建设的重要法律依据之一,有效查处违法建设是保障城乡规划得以顺利实施的法律保障。本文对违法建设的概念进行了科学界定,梳理了概念的历史演变过程,对法律条文适用的地域范围和查处的时效规定进行了分析,重点论述了"责令限期拆除"的属于行政处罚的法律属性;还针对规划管理实践中法律责任的种类及适用的理解分歧、查处违法建设时必须把握的判断标准等方面进行学理论证,便于准确理解与适应该法律条文,以维护城乡规划的权威性与严肃性。

SOME THOUGHTS ON ARTICLE 64 OF THE URBAN AND RURAL PLANNING LAW

The Article 64 of the Urban and Rural Planning Law of the People's Republic of China is one of the most important legal basis of urban management department for the investigation and punishment of the illegal construction, as well as urban management. This article makes a scientifi c defi nition of the concept of illegal construction, reviews the historical evolution of concept, analyzes the applicable geographical scope of the provisions and the time limitation of investigation and punishment, and focuses on the legal attributes of administrative penalty– demolishment within a prescribed time limit. It also discourses the the type of legal responsibility, diff erent understandings of application range, as well as criteria that must be grasped during the judgment of the illegal construction, so as to accurately understand and adapt to the legal provisions in order to maintain the authority and seriousness of urban and rural planning .