The Research On Civil Issue Of Illegal Construction

Along with the continuous progress of urbanization, illegal construction has become one of the hot pots in society.It brings not only a negative impact on the update process of urban construction,but also leads to a series of social conflict events.Because it’s the conflicts between the economic value of illegal construction and its "inherent illegality",make the civil rights of illegal construction are long neglected, the deficiency of private law status in illegal construction. Negation of illegal construction from the perspective of public law not only has blocked discussion of illegal construction from the perspective of private law, but also has brought a series of drawbacks.The inherent illegality of illegal construction leads to the double obstacles in the present concepts and systems of private rights pertaining to illegal construction. However, it cannot impede in the existence of private law pertaining to illegal construction. There is no consensus on the attribution right of illegal construction so far. When the attribution right of illegal construction is defined as possesion, it helps to solve the conflict of illegal construction between its inherent illegality and private right. On one hand, the rights of illegal construction owners are protected by the possesion protection system of property law so as to avoid the waste of social resources. On the other hand, their ownership is deprived so as to prevent from the phenomenon of vicious illegal construction and maintain the social public order of the society. With possesion as the antecedent right of illegal construction, when possesion right is infringed, occupy protection claim and damage compensation request will compensate for the illegal construction. In this way, a complete right chain has formed in illegal construction. In the exercise of rights, the private law of illegal construction is flawed because of the illegal behaviour of construction. Therefore, it is vulnerable in front of public rights and it is only partly protected by law. Reasonable analysis of the relationship in illegal construction and clear understanding of the rights and responsibilities of various sides are conducive to the effective solution of dispute and the reasonable use of illegal construction. As a complement to the possesion protection system, confirmation system and judicial relief system play a significant role in safeguard the execution of private rights in illegal construction.