Research On Illegal Construction

It is generally believed that illegal constructions should be demolished since they have been treated as product of illegitimate acts.And for the same reason, illegal constructions are not be deemed as right objects of ownership of real estate in both fields of public law and private law,so the builder of illegal constructions could not obtain the property. As a series of problems arise because of the failure of obtaining the recognition of private law just in accordance with the legal restriction and limitation in public law, it is significant to re-examine the given conclusion on the legal status of illegal constructions.Besides the introduction, this article is divided into 4 chapters. The summary of each chapter as followed:Chapterâ… : in this part, it is argued that it will cause artificial deviation between the statute and the social reality and will waste the probable value of illegal constructions as a result of the failure of obtaining the recognition of private law just in accordance with the legal restriction and limitation in public law. To begin with this part, the concept,value and status of illegal constructions will be discussed at first. For it may not be helpful to fulfill the purpose of controlling illegal constructions and it would cause hardship in applying other laws. So the inclination of the given statute in China that refuse to admit illegal constructions as objects of rights in civil law is not appropriate.Chapterâ…¡: in this chapter, following with the explanation of the concept of res in civil law, the possibility of illegal constructions obtaining the legal status in civil law as objects of property rights will be confirmed provided it is proved that illegal constructions could be treated as real estate according to property law. And in this part it is supposed that ownership of illegal constructions will still exist regardless of the prohibition in certain public law consistent with the principle-----the inference with civil law from the power of public law ought to be limited. Such, the builder of illegal constructions will be entitled to ownership of the buildings and this proposal will be possible and necessary.Chapterâ…¢:in this chapter, in the center of utilization of illegal constructions, the transaction of illegal constructions will be discussed, and the effect of the transaction contracts and ways to keep the contractual parties' interests in reasonable balance will be at issue. As there is no proper means to register the illegal buildings to declare the mortgage to the public, it is insisted that illegal constructions are not suitable for mortgage.Chapterâ…£:from the perspective of protection the rights on illegal constructions chapterâ…£specifically discussed how the tort law to provide protection. It is also discussed the protection of public law , including both the principles and measures that should be complied with by the relative administration.