Analysis On The Civil Rights Of Illegal Construction

Illegal construction is a concept that we can hear a lot in our daily life,and it’s a very common phenomenon whether in cities or in the countryside.Government authorities on the control of illegal construction are absolutely strict,but illegal constructions still come out again and again despite repeated prohibitions,becoming even more severe.And along with this situation,is Civil disputes involving illegal construction coming out one after another,but due to the negative evaluation towards illegal construction in our current legal system,these Civil dispute involving illegal construction can’t find appropriate laws to basis on,many right that needed to be protected is being neglected and ignored,even lead to some severe social problem.The reason why this unbearable situation,of course,directly related to China’s ongoing urbanization accelerated development model,but the reasons cannot be avoided on the other hand,is a system problem.Institutional problems have to address the institutional level from perfect.In our current system of law,related to the prevention and control of illegal construction,governance,penalties,the Regulation of demolition in public law has a few,but in the private system,it is "hard to find even one".This behavior of weight "power" but light "right" to illegal constructions is very unfavorable to the solution of civil disputes due to illegal constructions.Insufficient research and analysis about the civil rights of illegal constructions in theory and practice,ambiguous ownership to illegal constructions,and long-term neglect to civil rights of illegal building are important reasons leading to many civil disputes which related to the illegal constructions can’t be solved properly.In this case,this paper abandoned the common behavior of putting illegal constructions in public law field of vision before,analyzed and discussed illegal constructions from the angle of private law,confirmed the existence of civil rights on illegal constructions,distinguished the right-belonging relationship of illegal constructions,and on this basis,discussed the possible problems may appear in the process of carrying on and relieving civil rights for illegal constructions,and played its maximum utility to illegal building which is as real estate by the basis of its civil rights.Therefore,this paper will discuss the problems from the following several parts.The first part defines the concept of illegal constructions to determine the scope of the object studied in the paper;at the same time,it will classify the illegal constructions in order to respectively expound different types of illegal constructions.In this section,the definition of illegal building will be appropriately proposed through methods of integration,analysis and comparison and so on,meanwhile exploring and analyzing the semantics of the illegal constructions and unapproved buildings,and based on the expounding requirement in this paper,putting forward four kinds of classification for illegal constructions according to different standards.The second part focuses on the current situation of civil rights about illegal constructions.This part firstly elaborates and reviews all kinds of different doctrines about the civil rights of illegal constructions,and then comes to the conclusion that illegal constructions should have ownership.Next discusses the current situation of sudden rights of illegal constructions and the trouble of ought to be rights,respectively from the angle of comparative law and domestic law to explore the legislation situation and current situation of rights for illegal constructions,and analyzes the trouble of giving civil rights to illegal constructions.The third part is the analysis of civil rights about illegal constructions,firstly proves that civil rights can exist on illegal constructions,which will be expounded from three parts including legal theory,legislative purpose and social life.Then will expound the existence of civil rights on illegal constructions is ownership.And finally based on the discussion above,emphatically expound the belongingness of illegal constructions,and it will be expounded from three aspects as belongingness,inheritance and divided property by divorce.The fourth part focus discusses the special problem when exercising right of illegal constructions resulting from the particularity of illegal constructions.This section will expound things according to the four powers and functions:occupancy,using,earning,and disposition as the logical clue,then research and analyze the possible special problems when exercising right of illegal constructions by discussing occupancy protection,lease,infringement protection,transaction and mortgage one by one.The paper analyzed the civil rights of illegal construction that is not to encourage the growth of illegal construction.The builder of illegal construction should bear civil liability and administrative liability.But I believe that illegal construction will be in for a long time to exist in China’s current situation.If we blindly deny the civil rights on illegal construction,perhaps social contradictions will intensify.Recognition of the civil rights on illegal construction and permission of Restricted exercising rights,that is not only the way to analyze and solve social problems of illegal construction,but also the important way to achieve legal justice and maintain social order.