Discussion On The Private Law Protection To The Infringement Of Illegal Construction

Illegal construction as the development of modern society, especially in the process of urbanization generated a lot of negative impact on the healthy development of society and the state govern illegal construction to conform the requirements of the national interest and public interest. The illegality of illegal construction means in violation of public law norms and the formation of illegal material will endanger the social and public safety, good order and good moral, in order to avoid, eliminate this danger, harm the country tend to limit their presence, to prohibit or restrict their circulation in the market, such control is designed to protect public order. Illegal construction also has its economic interests, are part of the social wealth, during the existence of the illegal construction, the private law rights and interests should also receive appropriate protection, we cannot because of the illegal construction of the innate illegal to allow the citizens to be violated, this will seriously affect the social order, resulting in a waste of social wealth. It is based on the above considerations, this paper considers that the necessary comprehensive and in-depth study of illegal buildings by private law protection violated the legitimate rights and interests in order to facilitate the protection of the parties to take full advantage of the wealth of society, to maintain normal social order. This article intends to use the four parts of this issue to be addressed.The first part is mainly to define the scope of the illegal construction discussed in this article. This section first introduces our current theoretical and practitioners to the definition of illegal construction, and then describes the classification made by the field in our country on illegal construction, and as the basis for the illegal construction to be discussed in this article.The second part focuses on the legitimacy of private law to protect against illegal construction. This section first describes our current theory and practice community to define the status quo of the concept of the illegal construction, and then put forward the problems of existing law and practice to the last detail the legitimacy of private law protection against illegal construction.The third part focuses on a discourse on the rights of property of the illegal construction. This part describes the theoretical point of view of our current theory and practice of community attributes of the illegal construction interests. Theoretical circles roughly the rights of property of the illegal construction "real estate ownership","property ownership","tenure" and "possession" of several different theories and practical sides affected the view of the properties of the illegal construction interests also inconsistent.The fourth part possession theory was constructed based on the system against illegal construction of private law protection. This section first an overview of the tenure system, and then introduced the classification of closely related to the possession of illegal construction, on this basis, Propose the particularity of the illegal construction, illegal construction belong to the malicious possession of the unauthorized possession. However, the protection of the illegal construction should generally occupy the goodwill theory occupies a third person against the same scope of protection is more reasonable. Finally, based on the illegal construction occupies the special type of a system of private law protection against illegal construction, Including the illegal construction of the self-help, possession of illegal construction of the protection claims, unjust enrichment on the protection of the illegal construction, illegal construction of the tort damages protection and discusses the special nature of the infringement protection of illegal construction.Of course this paper, the private law protection against illegal construction is not in order to encourage the construction of illegal buildings, the construction of the illegal construction acts contrary is an offense should be regulate by the State in accordance with the Rules and Regulations. But many of the causes of illegal construction, which requires the joint efforts of all aspects of society and the state has adopted more reasonable regulatory measures to be able to cure. In fact, negate the illegal construction on private rights and cannot effectively suppress the breeding of the illegal construction and certain private law to protect the space and the regulation of illegal construction is not a contradiction, given the illegal construction. From our current reality, in the case of illegal construction is not able to eradicate the illegal building that hosts the interests of space, but may intensify social contradictions in the illegal construction are violated. Under the the premise of illegal construction of the scientific management plan developed within the field of public law,the private law protection to better reflect the impartiality of the law in the field of private law.