地方政府以先上车后补票等优惠政策招商引资产生的存量违法建筑,若补办手续使其合法化,就与地方规章规定的先处罚后补办手续存在矛盾,导致补办手续的规划许可部门面临一定的责任风险。本文认为对此风险应具体问题具体分析,对仅仅是程序违法而无实体违法的违法建筑、超过处罚时效的存量违法建筑、对上级要求先补办手续提出过异议的未超过处罚时效的违法建筑补办手续,规划许可部门无责任;对未超过处罚时效且实体违法、未对上级要求补办手续提出异议而进行补办手续,造成漏处罚的责任,也不能上升到渎职犯罪责任,而仅是一般行政责任。 Local governments to take the car after the first pass and other preferential policies to attract investment in the stock of illegal buildings, if make-up procedures to legalize it with local rules and regulations before the re-submitting procedures there is a contradiction, leading to re-submit the formalities planning permit department faces a certain Liability risk. This article holds that this risk should be specific analysis of specific issues, only the illegal and illegal physical construction of the program, illegal storage over the punishment of the stock of illegal construction, the higher requirements for the first to file an objection to do not exceed the time limit of illegal building re-submit Procedures, the planning permit department no responsibility; for not exceeding the time limit and the entity violates the law, did not request the higher authorities to make re-filing and re-submit the formalities, resulting in leakage of responsibility should not rise to the responsibility of dereliction of duty, but only the general administrative responsibility .