The government of Zhicaoping Town, Ruian City, Wenzhou is not allowed to forcibly remove species or replenish funds. Which department should I look for?

According to the current laws of our country, the demolition of illegal buildings will not be compensated. Therefore, it is particularly important to identify and investigate illegal buildings. The right to identify and investigate illegal buildings depends on the causes of illegal buildings. The main body of law enforcement will be different for different reasons. According to the different illegal situations, the units that have the right to investigate and deal with illegal buildings (structures) can be roughly divided into the following categories.

(1) Land Administration Department of the local people's government at or above the county level-Bureau of Land and Resources.

Have the right to exercise land management on behalf of the state, and have the right to investigate and deal with illegal land occupation. In case of illegal construction as stipulated in Articles 74, 76 and 77 of the Land Management Law, the Bureau of Land and Resources may make a punishment decision according to law and order it to make corrections, control, stop construction or dismantle new buildings and other facilities on illegally occupied land within a time limit. However, the demolition lawyer reminded everyone that the Land and Resources Bureau has no right to dismantle illegal buildings and facilities by itself. If the construction unit or individual fails to bring a lawsuit or dismantle it on its own at the expiration of the litigation period, it shall apply to the people's court for compulsory execution in accordance with the provisions of Article 83 of the Land Management Law.

(2) Urban and Rural Planning Bureau of the competent department of urban and rural planning of the local people's government at or above the county level.

Have the right to investigate and deal with violations of planning and construction and illegal temporary buildings (structures) in urban planning areas. According to the provisions of Articles 64 and 66 of the Urban and Rural Planning Law, in urban planning areas, those who have not obtained the construction project planning permit or failed to carry out the construction in accordance with the provisions of the construction project planning permit may be given administrative penalties such as being ordered to stop construction, making corrections within a time limit, imposing fines, demolishing within a time limit, and confiscating physical objects or illegal income. However, if the party concerned fails to stop the construction or demolition according to the penalty decision, the Urban and Rural Planning Bureau cannot dismantle it, and needs to apply to the local people's government at or above the county level where the construction project is located in accordance with the provisions of Article 68 of the Urban and Rural Planning Law. The county government instructed the relevant departments to take measures such as sealing up the construction site and forced demolition.

(3) People's governments of townships and towns

It is the main body to investigate and deal with violations of planning and construction in township and village planning areas. According to Article 65 of the Urban and Rural Planning Law, if a rural construction planning permit is not obtained in accordance with the law or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township and town people's governments shall order it to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it can be cleared.

(four) the administrative department of construction of the people's government at or above the county level where the project is located-Housing and Urban-Rural Development Bureau (Committee)

For illegal acts of construction without going through the construction permit formalities according to law, they have the right to make punishment decisions such as ordering correction, stopping construction and fines according to the provisions of Article 64 of the Construction Law.

Article 76 of the Land Administration Law of the People's Republic of China illegally occupies land without approval or by deception, the land administrative department of the people's government at or above the county level shall order it to return the illegally occupied land, dismantle the newly built buildings and other facilities on the illegally transferred land in violation of the overall land use plan within a time limit, and restore the land to its original state. In line with the overall land use planning, new buildings and other facilities built on illegally transferred land may be confiscated and a fine may be imposed. The person in charge and other persons directly responsible for the illegal occupation of land shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Those who occupy land in excess of the approved amount shall be punished as illegal occupation of land.