Study On How To Solve Civil Disputes Of Illegal Construction

In recent years, more and more disputes of illegal construction are in the legal practice. Atpresent，illegal construction are not defined clearly In the legislation. Many view on illegalconstruction base on the perspective of public law. Administrative means replace the civil meansis very serious. Face the civil disputes of illegal construction, the rulings in court are not alwaysthe same. The legal private rights of the party do not get the corresponding protection and thatalso trigger a lot of controversy in theoretical circles. Deal with civil disputes of illegalconstruction lies in acorrect understanding of the nature of the illegal construction in private law,straighten out the relationship between public power and private rights, adhere to theindependent of private law, protect the legitimate rights and interests. Through studing onrelevant legal theory, mainly around the ownership of illegal construction and discuss from thedefinition、the nature of civil law、the form of civil dispute and the solution of civil disputes. Inmy point of view, the illegal construction shall enjoy the ownership before the administrativeorgan finds its violation of construction. From the perspective of private law, the article focuseson the form of civil disputes and the solutions involving the illegal construction, provide thelegal basis for the civil disputes properly related with the illegal construction, in order toproperly resolve some theoretical arguments, provide some suggestions in practice. At the sametime, we should pay attention to the significance of judicial opinions, assist the executive organsresolutely crack down on illegal construction from civil, truly stable social order and safeguardjudicial justice.