Civil Protection On Illegal Construction

Illegal construction refers to buildings that have been used for normal use,such as unauthorized extensions,alterations,and new constructions,that violate the relevant provisions of our public law.Through the research on the type of illegal buildings,the principles that should be adopted when dealing with illegal construction issues can be clearly defined.For procedural illegal construction,it can generally be converted into legal construction by supplementing legal procedures.For a substantive illegal construction,it is usually dismantled or confiscated because it violates public interest.Illegal construction is common in all parts of the world,and various countries have different attitudes toward illegal buildings.However,generalists believe that although illegal construction is a violation of public law,it cannot be denied that it has civil rights.According to our country’s basic national conditions,it should be confirmed that there is ownership in the illegal construction.Illegal construction is a matter in civil law.It is an immovable property created by a construction act and acquires ownership when the factual act of construction is accomplished.Although public law denial makes it impossible to handle ownership registration,this does not affect the acquisition of ownership.Only when it is determined that there is ownership in the illegal construction,can the builder be protected in the civil legal relationship between equal subjects and can fully protect their own legitimate rights and interests.Combined with the characteristics of illegal construction,although the builder can obtain the ownership of the illegal construction and receive the protection of property rights,there is still a difference between the exercise of ownership and legal construction,which should be subject to reasonable restrictions.The issue of the contract involved in the circulation of illegal constructions should be confirmed as valid and affect the protection of the interests of both parties.Specific analysis should be made on specific issues.In the process of determining the tort liability,it should be analyzed according to the constituent elements of the tort liability to determine the scope and extent of compensation.Finally,it was introduced that illegal buildings should be inherited as heritage.Therefore,the analysis and affirmation of civil rights in illegal construction can not only reasonably protect the legal rights and interests of the parties involved in the legal relations arising out of illegal construction,but also avoid the waste of social resources,maintain social stability and achieve harmonious social development.