The Research On Private Law Protection Issue Of Illegal Construction

Illegal construction is a violation of the Land Management, Town and Country Planning Act, and so on public law. It has "innate illegality", so it can not be carried out real estate registration. It is prohibited to lease, mortgage, transfer and other transactions,also can not get any compensation when demolished according to law, shall be division of administrative penalties such as fines, dismantle and confiscated. But before being removed in accordance with the law, it can make an important role in social life.Traditional public law gives illegal construction "one size fits all" negative evaluation,which can easily lead to civil disputes tricky, even serious confrontation between public power and private right. It is not conducive to building a harmonious and stable society.Research methods used in this paper are the empirical analysis, value analysis,comparative law studies and sociology. Based on the double properties of public and private law for illegal construction, the paper can evaluate its distinction. The public law on the negative, but it can not affect the private law on affirmation. And private law is not limited to the protection of possession, but should be extended to protect other proprietary energy. The core purpose is to establish a correct concept of public law of private rights, to make illegal construction both full and limited protection from private law. Thus, it is conducive to the best use of illegal buildings, not a waste of social resources, and can play a part in legal education and guidance. And it also can serve China’s economic and scientific development of social harmony better.