Research On Several Problems Of Illegal Occupation

The complementary relationship between the moral and law has been theenduring topic of scholars for a long time. Both of them are the old codes of humanconduct, there is no absolutely clear line between them. It is so singular that Peoplealways use the moral intuition commonly to determine the things around them andtheir own behavior;at the same time, these judgments are often able to get thejustification of law.The law is not a completely self-sufficient system. Other than, it needs thesupport of other things, such as ethics and habits to existent and enforce.However,thelaw gets autonomy, which is the interfluve of law and other codes of conduct.Illegal occupation, is not a usual or standard legal object. The encroachment ofthe property, often dose not seemingly meet the definition of legal property in atraditional sense; Thus,it has been in the gray area of legal protection for long time.Over a long period of time, the illegal occupants`interests are snubbed bylegislators and also ignored by the judiciary, for not meeting the usual sense of"rightful or legitimate interests". In our country, the encroachment is in an awkwardposition in the field of law, the associated behavior seems to have no place in thenetwork of legal rights and obligations. One of the main reasons for this result is thatpeople often use the moral judgment of things to take the place of its legalevaluation.The autonomy of the law is the inevitable requirement of the rule of law. It ismainly manifested in the following aspects: First, the law has secularity.The lawmerely associated with secular interests, only concerned about the behavior ofpeople; the law is not the scalepan of faith,is not about a conscience trial. Second,the law has independence. The law is not a vassal of things, does not depend onother things to exist. The so-called rule of law is that the self-management of law.The law rules within its jurisdiction,and there is nothing which exists above the law in this domain. The law in this kingdom, builds its own system and holds its owngoals, and enforced in its own internal logic way. Law, under certain conditions,hasthe discipline of self-inspection and the ability of act on its own. Third, the law hasthe formality. It is the key the law is able to become a limited self-contained systemthat it has a widely accepted form. The law owns a set of universally applicable rules,in accordance with fair procedure, any time, any event, any people strive to treatequally.In the area of civil law, China has a basically integrated system of claims.However,can the civil law manage the illegal occupants`encroachment-relatedbehavior in a legal way? Do the illegal occupants`have the right to claim theprotection of their possession? Do they have the right to claim suitable restitution ofUnjust Enrichment; Relatively, whether the illegal occupants`have the right of Bonafide acquisition ordinary stolen goods? If the illegal occupants interests are violated,and whether own the right to act of self?China’s criminal law explicitly prohibits the illegal looting and destruction ofproperty. However, if the object of an action is the encroachment, whether theseviolations should be included in the scope of crime, become the object of criminallaw? If the perpetrator infringe the illegal occupants`interest in a usually pattern oftheft or robbery, can the “victims” have the right to self-defense? All of these isrelated to whether the legal interests of the infringement in property crimes includesthe possession or encroachment, whether the law should protect the illegal profitsand the encroachment? Whether or not and how to protect the infringedencroachment?And then how about self-defense?The law can not wholly isolate from the moral, but the law should have itsautonomy. Fuzzy moral feeling should not be too much to affect the judgment of thelegal status of people’s behavior. The existing legal system has the reasonable spaceof claims to protect the interests from the encroachment order, and has the ability tomake a appropriate ruling of the behavior of illegal occupants.The author Tries to start a preliminary study of the behavior of the illegal occupants from the point of view of civil and criminal law, with the object ofthrowing out a minnow to catch a whale...