Analysis On The Civil Rights Of Illegal Construction

Along with the continuous progress of urbanization,illegal construction spreads to every corner of the city in various ways. Government authorities on the treatment of illegal construction are helpless in the planning and management, housing demolition and so on, while Civil disputes involving illegal construction come out one after the other. Behind these phenomena, it's the conflicts between the economic interests of illegal construction and its "inherent illegality". The deeper reason is that knowledge and research of the illegal construction is insufficient in theory and practice and ownership of illegal construction is unclear, so that the civil rights of illegal construction are long neglected. This paper explored the illegal construction from the perspective of private law. This paper confirmed the nature of illegal construction, cleared the ownership relationship of illegal construction and analyzed the special issue of civil rights and relief, in order to have a relatively complete understanding of the civil rights about illegal construction. We hope to protection of urban planning and construction management system, protection the legitimate rights and interests of rights holders, and solve related social problems .So the paper discussed from the following sections.The first part introduced the concept and types of illegal construction. It proposed the basic concept of illegal construction by the comparison of the definition on illegal construction in theoretical circles. The basic concept had broad and narrow sense. The broad sense should contain illegal construction. After a clear concept of illegal construction, the paper divided illegal construction into different types according to different criteria, and made the appropriate description.The second part elaborated the current rights dilemma of illegal construction in china. The paper detailed the realistic situation of rights, negation in the legislation and negligence in practice, dispute in theoretical circles from legislation, practice and theory.The third part analyzed the ownership relations of illegal construction. First, it confirmed the nature of real estate cording to the physical properties of illegal construction .Then it deeply analyzed "illegality" of illegal construction from the perspective of private law. Illegal material is different from the objects, but also the limit property. Their "illegality" is insufficient to negate the existence of their significance as the object of real right. Then, on this basis , it discusses the relationship of the civil rights of illegal construction and " The Real Right Law " .There are civil rights on illegal construction .There is no conflict between principle of legality of real right and the Registration of Real Estate Right. Finally it discussed possession of illegal construction.The fourth part discussed the relatively special circumstances from the sale, leasing, mortgage, gift and inheritance of illegal construction, when the rights holders exercise the rights. It also discussed that the damage against the illegal construction should bear tort liability.The paper analyzed the civil rights of illegal construction that is not to encourage the growth of illegal construction. The builder of illegal construction should bear civil liability and administrative liability. But I believe that illegal construction will be in for a long time to exist in China's current situation. If we blindly deny the civil rights, perhaps social contradictions will intensify. Recognition of the civil rights on illegal construction and permission of Restricted exercising rights, that is not only the way to analyze and solve social problems of illegal construction, but also the important way to achieve legal justice and maintain social order.