The Civil Rights Of Illegal Construction

Along with the continuous progress of urbanization，illegal construction spreads to everycorner of the city in various ways.Government authorities on the treatment of illegalconstruction are helpless in the planning and management,housing demolition and so on,whileCivil disputes involving illegal construction come out one after the other.Behind thesephenomena,it’s the conflicts between the economic interests of illegal construction andits"inherent illegality".The deeper reason is that knowledge and research of the illegalconstruction is insufficient in theory and practice and ownership of illegal construction isunclear,so that the civil rights of illegal construction are long neglected.This paper exploredthe illegal construction from the perspective of private law.This paper confirmed the nature ofillegal construction, cleared the ownership relationship of illegal construction and analyzedthe special issue of civil rights and relief,in order to have a relatively complete understandingof the civil rights about illegal construction.We hope to protection of urban planning andiconstruction management system,protection the legitimate rights and interests of rightsholders,and solve related social problems.So the paper discussed from the following sections.The first part introduced the significance of research, the status of research and themethods of research.The second part introduced the concept and types and character of illegal construction.Itproposed the basic concept of illegal construction by the comparison of the definition onillegal construction in theoretical circles.The basic concept had broad and narrow sense.Thebroad sense should contain illegal construction.After a clear concept of illegalconstruction,the paper divided illegal construction into different types according to differentcriteria,and made the appropriate description. Finally,introduced the character of illegalconstruction.The third part elaborated the current rights dilemma of illegal construction in china.Thepaper detailed the realistic situation of rights,negation in the legislation and negligence inpractice from legislation and practice，and the legislation of different countries are compared.Then analyzed the problem of deny the civil rights on illegal construction.The fourth part analyzed the ownership relations of illegal construction.First,it confirmedthe nature of real estate cording to the physical properties of illegal construction.Then itdeeply analyzed"illegality"of illegal construction from the perspective of private law.Illegalmaterial is different from the objects,but also the limit property.Their"illegality"is insufficient to negate the existence of theirght.Then,on this basis,it discusses the relationship of the civilrights of illegal construction and"The Real Right Law".There are civil rights on illegalconstruction.There is no conflict between principle of legality of real right and theRegistration of Real Estate Right.Finally it discussed possession of illegal construction.The fifth part discussed the relatively special circumstances from the sale,leasing,mortgage,gift and inheritance of illegal construction,when the rights holders exercise therights.It also discussed that the damage against the illegal construction should bear tortliability.The paper analyzed the civil rights of illegal construction that is not to encourage thegrowth of illegal construction.The builder of illegal construction should bear civil liability andadministrative liability.ButI believe that illegal construction will be in for a long time to existin China’s current situation.If we blindly deny the civil rights on illegal construction,perhapssocial contradictions will intensify.Recognition of the civil rights on illegal construction andpermission of Restricted exercising rights,that is not only the way to analyze and solve socialproblems of illegal construction,but also the important way to achieve legal justice andmaintain social order.