Private Law Of The Illegal Construction

Illegal construction is a hot theoretical topic in Chinese legal circle. Following the enactment of Property Law, the attribute of illegal construction in private law has been clearly defined. However, in private law perspective, it does not improve the situation of illegal construction, where the common understanding is lacking in academic research, where the related rules are fragmented and incomplete in legislation, and where the reference and standard of judgment are obscure in judicature. After 2007, the theory of real property ownership has been denied by Property Law, experiencing legal evaluation of right blank, how to determine the ownership of illegal construction lacks powerful argument as well. But meanwhile, the real disputes and practical issues concerning this topic have not decreased. The problem of illegal construction under the private law becomes the central point in reality, but marginal in theory.Most pages of this article are used to discuss the specific legal effects of illegal construction on various occasions, which aim at systematically organizing and analyzing law application, judicial practice, and jurisprudence logic of illegal construction on various occasions, in order to demonstrate the concrete image of illegal construction.This article is divided into several parts as follow:Firstly, basic knowledge of illegal construction, introduce it on aspects of semanteme, legislative and regulatory documents in public and private law, and etc., clear related concepts, and explain the illegality elements of illegal construction.Secondly, starting from the effectiveness identification that is other element of illegal construction, introduce and analyze the types of illegal construction and legal application of real problems. The main contents include the identification and ratification of illegal construction and so on.Thirdly, discuss briefly the ownership of illegal construction. After the preliminary analysis, I choose the theory of"possession"as the test premise to proceeds the following analysis.Fourthly, with the test premise, enter the sale, lease, loan, mortgage, inheritance and other dispute occasions of illegal construction, according to the legislative documents, judicial cases and civil law principle, to approach the real image of illegal construction. Taking into account the method of logic, concept and system, examining and observing the problems on various occasions, explain and discuss the private law problem of illegal construction in the manner of interpretation, and the legislation principle supplemented.Fifthly, based on the analysis above, illustrate the comprehensive, multi-angle images of illegal construction, and constantly test the hypothesis of"possession theory"on various occasions. Through this demonstration process, really understand and resolve the problem of illegal construction in private law.