Study On Attribution Of Illegal Constructions

Since reform and opening up, China has made great achievements in economic andsocial development.However,there appear an increasing number of illegal constructionsin the process of development. Due to the illegal constructions,they lack of legaldefination,fuction and attribution,there exist many differencet judgements betweendifferent courts. Just because the illegal defects and negative influence to the soeiety ofillegal constructions,people only get ambiguous understanding about ownership of it.Wecannot deny the fact that there do exist some rights on illegal constructions just becausethat they are administratively or civilly illegal which leads to the restrictions in refrencesto the rights. Who excatly do illegal constructions belong to? Can anyone own the illegalconstructions?what rights do the illegal constructors have?These problems are worthy ofus to get to the bottom.In this paper, after analyzing qualitative,category, current attribution system andtheoretical discussions about ownership of illegal constructions,the author considers thatthe most reasonable judicial belonging of illegal constuctions should be defined asoccupation. Illegal constructiors is entitled to possessing, using, accrual and Disciplinarybased on the fact that illegal constructors are on the possession of the illegalconstructions.this kind of definations can not only enable Balance social Publc rightsand Personal interests of illegal constructors, but also can avoid the inereasing of illegalconstructions which would have led to by the over Protection,hence maintain thesocial Public order. This paper is divided into five parts.The framework is:Part I-The analysis of definition,type and legal property, to clarify concepts and toclearly define the elements for the full-text argument object-illegal constructions. Whenit comes to the defination of illegal constructions,There are still some ambiguty andconfusion in the academic community and practical circles.The author considers,if weintend to study the ownership of illegal constructions,we must first have an accuratedefination.Part II-The analysis of the Current illegal constructions attribution system and itsdefects. Laws and regulations have not specified the of ownerships of illegalconstructions.But According to China’s mainland legal provisions on the legal status ofthe illegal constructions, it shows evasively negative attitude to ownership of illegalconstructions. under our current legal system,it can not bear ownership Above theillegal constructions of our country.illegal constructions does not belong to anyone.Atthe last of this part,the author pointed that there exist many issues on the problem ofillegal constructions ownership,which include with scattered legislation, defined rightsbelonging to different sectors,recognized system missing, the deviations in thepositioning of illegal constructions.Part III-The analysis of Comparative Review and theoretical discussions of illegalconstructions ownership. Thus come to the illegal constructions attribution theory ofchina should be the point of view of "possession".At the last of this part,the authurpointed that Illegal constructiors is entitled to possessing,using, accrual and Disciplinarybased on the fact that illegal constructors are on the possession of the illegalconstructions.PartIV-Through analysis of the Current legislation and judicial Situation of Chinaillegal constructions,the authur briings forward to three suggestions for perfecting theillegal constructions in China attribution system.They include that Improving thelegislative system of the illegal constructions, the establishment of the illegalconstructions identified system, building Justice processing mode of the illegalconstructions.