Study On The Illegal Construction Of The Legal Issues

In recent years, with the spread of the city of illegal construction, the growth of illegal construction management has become the social difficulties and hot issues, involved in the illegal construction of civil and administrative disputes more and more, the legal issues associated with this responsibility and the ground was promoted to Chief topics at the forefront of law and civil law, plagued by administrative law enforcement and judicial practice of front-line legal practitioners, also caused a high degree of attention in academia and practitioners. More and more experts and scholars and practitioners from different angles to explore and study the relevant issues, proposed ideas and methods of a good reference value and significance, but on the whole, the cross from public and private law perspective exploration and study of literature is almost invisible. I have engaged in illegal construction enforcement for many years, involved in handling a number of administrative, civil disputes involving illegal construction, illegal construction-related legal issues have an intimate and personal experience, Master of Laws courses on these issues in the practice of re-to think theoretically.From the illegal construction of the concept, this paper analyzes the illegal construction of the Elements, classification, nature and attributable to the illegal construction infringement and rights protection issues, to explore the sale of illegal construction and the effectiveness of the lease contract identified, discussed the Urban Housing Demolition and the court for compulsory implementation of the illegal construction, and administrative enforcement to remove the illegal construction procedures and the use of the principle of proportionality.On these issues from the seven areas described and demonstrated:The first chapter, Introduction. Start from the reality of illegal construction, and legal issues involved in the illegal construction, discusses the significance of research, list of article ideas and frame structure.The second chapter, the definition of the illegal construction. The fuzziness of the concept of illegal construction, its re-definition of the constituent elements of the illegal construction, pointed out the difference between the illegal buildings have been classified in the illegal construction.The third chapter, the rights and protection of illegal construction. Analysis of the nature of the illegal buildings and rights of attribution and the illegal construction infringement and protection of the rights and sale of illegal construction and the validity of the lease contract, put forward views and proposals for substantive treatment.Chapter IV, the illegal construction in the court for compulsory execution. This chapter from the value of the Economic Law pursuit, analyzes the illegal construction in civil cases as to the feasibility and necessity of the implementation of the subject, the principles and measures of enforcement of illegal construction.Chapter V, Urban Housing Demolition of illegal construction. Real problems for the practice of the illegal building on behalf of line demolition, pointing out that the difference between the illegal building and demolition, urban demolition of illegal construction in the identification and processing of illegal construction parties in the demolition of the legal status of the problem.Chapter VI, administrative enforcement and illegal construction of the administrative demolition. Combing the demolition of illegal construction in the Town and Country Planning Act and the Administrative Enforcement Law stipulates that summarizes the mandatory procedures to remove the illegal construction, Limitation of prosecution and illegal construction, the protection of citizens’ right to housing and the use of the principle of proportionality was discussed.The last part is the conclusion in the summary of the basis of the full text, the next step is to further explore and study the direction of the protection of the illegal building and civil right to housing.