| Rural illegal construction of illegal buildings is accompanied by the emergence of the city, under the constraints of the relevant policies and regulations, and gradually reduce the city illegal construction, illegal construction in rural areas are steadily rising. With the introduction of new rural land policy, the pilot reform of rural homestead, rural research on the legal status of illegal buildings is sure to have real meaning and legal significance of the practice.How do rational rural illegal construction has become an urgent problem. This review focuses on the ability to obtain illegal construction in rural areas will obtain ownership by the fact that behavior can be achieved by following its ability to obtain compensation in the field of public law, private law in the field of neighboring rights in the ability to obtain and how the above-mentioned areas of law how to locate the problem.And it can not be considered illegal construction in rural areas do not have ownership of procedural illegal construction may be "legal construction" as the basis, after the program revision restricted ownership, before ownership is determined. And substantial illegal construction does not acquire ownership of the factual behavior, but the owner can possess their buildings. Meanwhile, following the sale of illegal construction in the contract that is made, gift, inheritance, and other aspects of the relationship between the need to sort out. In the field of public law, procedural illegal construction in rural areas after the revision procedure can be legally buildings due compensation, but without the procedural and substantive illegal construction illegal construction revision procedure can only enjoy building components and building materials in the demolition compensation within the property. With respect to the private law of neighboring rights, the illegal construction in rural areas should have certain rights, and certain distinctions and limitations is inevitable. |
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