A Study On The Ownership Of "Illegal Buildings"

Although my country’s civil legal system is becoming more and more perfect,in practice there are still "unlawful buildings" that are completed.Due to the high priority of public law in our country,Article 30 of the Property Law accepts the legality element that focuses on protecting the value of public law,that is,a "non-rights theory" that takes a completely negative evaluation of "illegal construction",but in the " After Article 30 of the Property Law became the civil law basis for the definition of the " illegal construction " tenure,the related problems caused by the " illegal construction " tenure were not resolved.Article 30 of the Property Law holds that the volume of opposing voices is getting louder and louder,so the question of the ownership of " illegal buildings " needs to be resolved urgently,so this article has launched a study on the question of the ownership of " illegal buildings ".In the first chapter,the author raises the question of the ownership of " illegal construction ",in which the author first sorts out the question of the ownership of " illegal construction ",and then discusses the question of the ownership of " illegal construction ",and analyzes the essence of this problem is " The civil law theory of the ownership of "illegal buildings" can only be solved under the existing legal system only if the theoretical basis of "illegal buildings" is solved.In the second chapter,the author commented on the ownership theory related to "illegal construction",that is,"right to say" and "no right to say",and chose the theory of real estate ownership in "right to say" as a solution to "illegal" after comparison.The basis of the title of "building" is the most reasonable.At the same time,because the traditional real estate ownership theory does not demonstrate the clear relationship between land and building,the author uses the theory of fixed objects to prove that "illegal building" is an independent land The fixed object,and this fixed object is a kind of real property,and then supplements the problem of the relationship between the real property property rights and the land is vague.In the third chapter,the author firstly solved the problem of ownership of the "illegal building" sorted out in accordance with the theory of ownership of real estate,and then based on the theory of ownership of real estate,made the "Civil Code Property Rights(Draft)" currently under consideration.In order to introduce the legislative proposal,one can amend Article 231 of the "Civil Code of Property Rights(Draft)" to introduce ownership of real property,and the second is that the expression of fixed objects can be added to the "Civil Code of Property Rights(Draft)" as real property.Ownership theory provides a connection point.