According to the legal system and facts, only the people's governments at or above the county level and the administrative units entrusted by them can make the decision of compulsory demolition and implement it. For illegal buildings under construction, urban and rural planning and management departments can only make a decision to order them to stop construction or dismantle them within a time limit. If the parties fail to stop the construction or dismantle it within the time limit, the people's governments at or above the county level shall instruct the relevant departments to take measures to seal up the construction site and forcibly dismantle it. The forced demolition measures here should refer to the illegal buildings under construction, but the Urban and Rural Planning Law of People's Republic of China (PRC) does not clearly stipulate the subject of forced demolition of long-standing illegal buildings. Therefore, the Township People's Government has no right to forcibly demolish long-standing illegal buildings. If the township people's government directly forcibly demolishes the long-standing illegal buildings, it will constitute ultra vires behavior and face the risk of administrative compensation from the administrative counterpart.
Legal basis: People's Republic of China (PRC) Urban and Rural Planning Law.
Eleventh the State Council urban and rural planning departments responsible for the national urban and rural planning management. The competent department of urban and rural planning of the local people's governments at or above the county level shall be responsible for the management of urban and rural planning within their respective administrative areas.
Article 68 After the competent department of urban and rural planning has made a decision to order the construction to stop or dismantle within a time limit, if the party concerned fails to stop the construction or dismantle within a time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcibly demolishing it. The competent department of urban and rural planning of the local people's government is responsible for the management of urban and rural planning within their respective administrative areas.