Is it illegal for Transportation Bureau to remove billboards?

Is it illegal for Transportation Bureau to remove billboards?

Whether it is illegal for the Transportation Bureau to forcibly remove billboards depends on the specific situation and the provisions of relevant laws and regulations. Generally speaking, if the Transportation Bureau has legal authority and procedures, and there is sufficient evidence to prove that billboards violate relevant laws and regulations, then the act of forcibly removing billboards may be legal. However, if the Transportation Bureau has no legal authority or procedures, or there is not enough evidence to prove that billboards violate relevant laws and regulations, it may be illegal to remove billboards.

I. legality

First of all, the Transportation Bureau, as a government department, has the responsibility and obligation of administration according to law. Billboards that violate relevant laws and regulations shall be dealt with by the Transportation Bureau according to law, including measures such as ordering correction, fines and removal. In this case, it may be legal for the transportation bureau to forcibly remove the billboard.

Second, procedural.

However, the transportation bureau must follow the relevant procedures when removing billboards. These procedures may include notification, hearing, review and other links to ensure that the legitimate rights and interests of the parties are protected. If the Transportation Bureau fails to fulfill the relevant procedures, it may be illegal to remove billboards.

Third, evidence.

In addition, the Transportation Bureau must have sufficient evidence to prove that billboards violate relevant laws and regulations. If the transportation bureau does not have enough evidence, or the evidence is insufficient, it may be illegal to remove the billboard.

To sum up:

Whether it is illegal for the Transportation Bureau to forcibly remove billboards depends on the specific situation and the provisions of relevant laws and regulations. If the Transportation Bureau has legal authority and procedures, and there is sufficient evidence to prove that billboards violate relevant laws and regulations, then the forced removal of billboards may be legal. However, if there is no legal authority and procedures, or there is not enough evidence to prove that billboards violate relevant laws and regulations, then it may be illegal to remove billboards.

Legal basis:

Article 23 of the Administrative Enforcement Law of the People's Republic of China stipulates: "Seizure and seizure are limited to places, facilities or property involved, and places, facilities or property unrelated to illegal acts may not be seized or seized; It is not allowed to seal up or detain the daily necessities of individual citizens and their dependents. "

Article 68 of the Urban and Rural Planning Law of People's Republic of China (PRC) stipulates: "After the competent department of urban and rural planning makes a decision to stop construction or dismantle it within a time limit, if the parties fail to stop construction or dismantle it 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."