Study Of Private Law Issues Regarding Illegal Building

Since the1980s, China’s scholars began to pay attention on governance issuesregarding illegal building. Topics clinics, including control of illegal construction,governance, penalties, removal, illegally built premises expropriation compensationin public law issues. Over the past decade, private academic research attention on theproblem of illegal construction have begun to heat up, private scholars against illegalconstruction of property ownership, property registration, illegally built neighboringrights disputes, illegally built trading, illegal construction leasing, illegally builtinheritance, illegally built tort (virulence and victimization), private issue of illegalbuilding in consumer protection,“small-property housing” private status and othershave explored.With the deepening of theoretical research, we surprise to find that the numberof illegal construction and illegal degree also are on the “positive correlation” groundgrowing. The reason why this unbearable situation, of course, directly related toChina’s ongoing urbanization accelerated development model, but the reasons cannotbe avoided on the other hand, is a system problem. Such as is defined in the law as anillegal construction of the “small-property housing” issue, on the premises of theexisting system can be attributed entirely in China. Institutional problems have toaddress the institutional level from perfect. In our current system of public law,related to the prevention and control of illegal construction, governance, penalties,special articles of the Regulation of demolition has a few, but in the private system,but it is “a hard to find”. The problem with this legislation at a practical level andpattern of theoretical result is that “the public and private light”, too much focus on“power” and fresh and in the “right”. Illegal construction are the result of illegalconstruction, illegal construction and legal relationship as a possible trigger of legal facts certainly not limited to the field of public law, because there is no one and onlypublic law and private law totally not involved with the legal facts. As a reason forthe fact that the illegal construction practices, although with the “illegality”, but itsstatus as a result of “illegal construction “in private law “thing”, but it is undeniable.Duty is, therefore, in the distribution of illegal construction on the course, a variety ofprivate legal relations, property relations, creditor relations, inheritance, tort liabilityrelationship, no exceptions were. In China’s current legal system, although illegalconstruction on public law are not any near-certainty of evaluation, but completelynegative attitude of the public law on the status of private law is not sufficient on itseradication; position to admit illegal construction of private law in based on thevesting of illegal construction, utilization and protection, it is necessary and beneficialfor the in-depth discussion.In our country has always been the rule of law and academic context, thepresence of “illegal construction” and “illegal construction” two words with theproblem, but the two should be unified to this article advocates “illegal construction”this term up. Illegal construction is a “public law concept” instead of “private lawconcept” existence of illegal construction on private law, but there is no illegalconstruction of private law. By definition, the so-called illegal construction, refers tothe urban and rural planning area without construction project planning permit, ruralconstruction planning permits, temporary construction project planning permit orbuilding is not constructed in accordance with the provisions of planning permits andover approve temporary period not own the building demolished. To accurately graspthe definition of illegal construction, yet to clarify the issue of the following eightareas: first, the building may not be unregistered illegal construction; Second,building construction without obtaining building permits is not necessarily illegalconstruction; Third, shabby is not necessarily illegal construction; fourth, the illegalconstruction does not mean illegal construction and should distinguish between the use of these two concepts; fifth, without changing the nature of the completion of theconstruction and use of temporary buildings built for unauthorized the building is notnecessarily a permanent building illegal construction; sixth, land law is one of theimportant causes of illegal construction generated; seventh, prejudice the publicinterest should not be considered the standard definition of elements and illegalconstruction; eighth, trans boundary building as well as other neighboring rightsviolations caused by the construction is not illegal construction. Many types of illegalconstruction, the paper analyzes the selective enumeration of illegally built towns andvillages illegally built, state-owned and collectively to illegally built, residential andnon-residential illegally built illegally built, all illegally built illegally built with someof the new breach built illegally built with the old program and substance illegallybuilt illegally built six kinds of illegal construction type.Attribution issues discussed illegal construction, the ownership is actually tosolve the problem of illegal construction. This problem has two aspects: First, theoriginal problem of illegal construction made of ownership, and second, following theillegal construction made by ownership issues. This chapter discusses only the former,the latter leaving the discussion of Chapter III below. Tong said China’s Taiwanregion and jurisprudence perspective, recognizing people build illegally built illegallybuilt the original acquisition of ownership rights. But China’s mainland, the attitudeof the illegal construction of ownership was divided diametrically opposed, says thereis ownership and no ownership say two views. Chapter on cannot be registeredwithout ownership, the title says no illegality, possession Protection said, movableproperty (supplies) title says, incomplete property, the third the right to say violationof the legal principle of property rights, the intention of the conflict regulation andpublic law said, and other negative views were critical analysis, concluded that thepresence of illegal construction on the ownership of real estate, construction andprimitive human behavior through the building made illegal build ownership. This view, only the core argument of this paper is discussed in this paper all expandedbasis points.Legal ownership of the building has a disposition can be, illegal building senseof ownership in the course ought to be able to have the disposition. Illegal disposal ofconstruction include legal sanctions and punishment in fact two aspects, this chapterdiscusses only the illegal construction of the legal action. In the punishment based onlegal acts, the chapter discusses two issues set transfer and other rights of illegalconstruction, and concluded that the illegal construction contract is a valid contractpunishment, the fact that law on Taiwan, China the disposition No concept should beabandoned, that is illegally built illegally built assignee to obtain ownership ratherthan a fact disposition, recommended the establishment of law should declare theregistration system to register and set up illegally built. In the non-legal acts onsanctions, the chapter discusses the forced sale of illegal construction and the refereesplit the two issues, and concluded that illegal construction is the subject of theenforcement of eligibility, in the third person illegally built auction theimplementation of the right to bring complaints objection, the registration systemshould be constructed by solving the auction and administrative demolitions ofillegally built competing relationship conflict, the parties filed illegally built fordividing the people’s court cannot reject the request and refused to entities referee.This chapter points out, the control and limitation in surgical intensive public lawover illegal construction and illegal punishment will not be affected by construction.Whether procedural or substantive illegally built illegally built, illegal constructionpractices as a legal fact, once fixed, the status of illegal construction on public lawwill be decided, whether illegal construction of transfer, mortgage, lease, auction,segmentation, inheritance, bequest, or impose restrictions on the public law andsanctions will be accompanied by the construction of illegal migration and migration,after the hands are not entitled to rely on private law sanctions on the disposal of private law and its effectiveness against it. It is in this sense, the idea that should thedisposition can be given to illegal construction and the effectiveness of theirdisposition certainly will impede the view of the intention to achieve control of publiclaw is an unnecessary worry.Determined by the status of the illegal construction of private law, illegalconstruction on the property law are entitled to be protected by the status and tort law.In the protection of property law, this chapter discusses the confirmation requestproperty rights, the right to return the original request, the request to exclude the rightto interfere and exercise of the right to request restitution. Four issues in theprotection of tort law, this chapter discusses against illegal construction ofjustifiability, the law against illegal building in construction materials, illegal buildingin damages and illegally built against the damages range. This chapter also pointedout that, although illegal construction enjoys the protection of property law and tortlaw protection, but the status of the status of the illegal construction of private lawand the legal construction of private law, after all, not so different from the poor togive illegal buildings protected status to lawful construction, it does notunconstitutional on the principle of equality protection of property rights.