Analysis Of Civil Rights On Illegal Construction

At present, illegal construction has become one of the hot pots in society. It brings not only a negative impact on the update process of urban construction, but also leads to a series of social conflict events. The root reason of the problem on illegal construction is that civil rights be ignored by long-term. The article is divided into five sections to analysis the civil rights on the illegal construction.The first part confirmed the position of illegal construction in private law. The reason why the issue of illegal construction caused so much social disputes is the inappropriate location in the position about illegal construction for long-time. The issue of illegal construction should not only be considered within the public law, but also should be recognized within the private law. The article holds that, we should confirm the private rights on the illegal construction when we given the certain obligation of public law on it. The confirming of illegal construction's nature in the private law is working for the analysis of the civil rights, which can provide the premise and the theory environment of private law.The second part discussed the plight that the civil rights on the illegal construction facing. The article discussed the plight at different levels in accordance with the mode of"indigenous rights-relief rights"of the civil rights, and made the concept and the types of civil rights as the starting points. The civil rights on the illegal instruction is a restricted existence or be excluded from beginning for its violation in pubic law? This is the plight of the civil rights on the illegal construction that the article maintains. Because of the restriction of the plight, the civil rights on illegal construction can't be"release", and thus created the neglect to the civil rights on illegal construction in theory and the error handling in practice.The third part demonstrated the existence of civil rights on illegal construction. The article holds that restrictions not mean exclusion from the beginning, it can be proved through the analysis of barriers on concepts and system that the civil rights on illegal construction facing by the arranging of"indigenous rights-relief rights"mode. The civil rights on the illegal construction is only restricted based on the burden of their obligation in pubic law, but not non-existent from the beginning. So the constructors'ownership to illegal construction that based on their building behavior is restrict, but not excluded from the beginning; and the possessors who possessing the illegal construction have other civil rights based on the protection of possessing system.Part fourth is thinking and discussing the types of civil rights on the illegal construction. It can be divided into different types by different choice on the mode of man or the mode of rights. As in the option of man'mode, it conclude the civil rights of constructor and possessors, and as in the option of rights'mode, it conclude the restrict ownership, relief rights, possession, and the relief right that based on the fact of possession.The fifth part is the building of the mechanism of the civil rights on the illegal construction. By the analysis on significance and elements and the feasibility of mechanism, the article holds that the civil rights on the illegal construction request a legal confirmed mechanism and a judicial relief mechanism to guarantee its realizing. And among them, the possession is the basis of system for guaranteeing the running of the mechanism. The conclusion is that the guaranteeing is not only for protect the civil rights, but also for dividing the obligation to burden in public law. And not only the civil rights of the illegal construction should be given in such a mechanism, but the obligation in public law also should be performed in such a mechanism.