Study Of The Legal Matters Of The Illegal Construction

Due to the illegal construction, the lack of legal definition and unclear classification, the approaches to deal with the illegal construction are not in unity, and many problems exist in the governance of the illegal construction. Therefore, this paper starts with the jurisprudence, and based on this, analyses the causes of problems in practice.Chapter 1: The Legal Definaition and Classification of The Illegal Construction. From four different adspects: subject-matter, objict, scope and illegality, the illegal construction refers to constructions including buildings, structures, and fixtures which are built by newly built, rebuilt and expasion. They are proved to have breached variuou kinds of mandatory requirements and specification by the administrative departments and judicial authourity. In order to facilitate the process for the illegal construction, from the public law and private law, the construction can be divided into three types: public harmfulness illegal construction, tort illegal construction and dualism illegal construction.Chapter 2: The Civil Rights about Illegal Building. Laws prohibit illegal construction, and no ownership power in the property rights law is in exsitence. It cannot become the object of the property rights, either. The illegal construction is restricted things. Thus, good faith acquisition system does not apply and its transferring behaviour shall also be deemed void in practice.Chapter 3: Resolving the Disputes about The Illegal Construction. According to the theory of possession, specifically, the type of possession on illegal construction should be unauthorized possession, instead of illegal possession, and it is unnecessary to divide good faith possession from malicious possession. In case the illegal construction suffers from illegal occupation or damage, the person who has the right of possession can protect the right by self-help occupied protection and occupy protection claim. However the possessor should not resist the confiscated behaviour of the government. Possessor protection is bound by the lapse of time. Meanwhile, possessor can not demand the return of the illegal construction when the possession right is exercised out of one's own mind.Chapter 4: The Illegal Construction Management. Because of the unreasonable subject problems, adopting double regulation is appropriate. In addition to the competent administrative department, the court also should be the recognized subject. For the manner of dealing with the illegal construction is too onefold,it is necessary to classify process. In the meanwhile, the corporations which participate in building illegal construction should also be punished. Many problems are exist in practice, such as narrow governing subject-matter, unclear liabilities etc. It is feasible to strengthen the public aid force, improve public participation in the enthusiasm, and strengthen the accountability of the related departments and person in charge.