Study On Protection Of Civil Rights Of Illegal Construction

In the backdrop of China’s urbanization process of rapid development, All kinds of buildings appears in a rapid speed, and is closely related to social and the civil subject in economic life. In the public power and private rights common development process and mutual confrontation, people’s deliberately build behavior can often cause of social and public interests, but also allowed to enter the market circulation field will infringe on the legitimate rights and interests of a third person. But, to a certain extent, the illegal construction in the process of formation will spent some money, time, cost, and adhere to certain economic value, human value and material value, meet the demand of a civil main body of economic life. Therefore, in the identification of illegal structures and processing, it is necessary to classify related situation, different illegal situation apply different treatment measures. Conception of this essay is to discusses the illegal building related civil rights protection, and puts forward the illegal construction is essentially a violation of the law, or is illegal building in the process of its construction will be in violation of the law, to some extent is in violation of the law is not only the cognizance of illegal construction conditions. Illegal building belongs to real estate in civil law, therefore, when to deal with illegal construction cannot simply to dismantle or banned, but should weigh the pros and cons between public interests and personal interests. Between the maintenance of public interest and the protection of the interests of civil main body find the best balance point.The first part of the article, the main building of the legal interpretation of the law were discussed, the author obtained the definition of illegal construction, which refers to the illegal construction material breach of the building due to construction of public law and the formation of behavior. Need to explain several issues: illegal buildings including buildings, structures or other facilities, the formation of the way there is new construction, addition and alteration; emphasize here is to build people’s behavior in violation of the construction of the relevant provisions of public law, rather than building self illegal. On this basis of this, come to a point of the article, is that illegal construction is the object of civil law, is the real estate of civil law.The second part of the article is mainly in-depth study of the legal ownership of illegal construction, explains the controversial academic several theories, which are non-proprietary theory, incomplete outright ownership theory, property ownership theory, real estate ownership theory and possession of theory. The author’s view is that ownership of the building should be the "possession of theory," the basis of the analysis of the difference foundation between possession protection and ownership of the protection foundation. Are not entitled to possession of illegal construction types, the good and evil according to the degree of subjective different parties can be further divided into the right to possession of goodwill as well as malicious entitled to possession. Finally in possession of rules under the protection of related rights protection as well as restrictions on the disposition of the illegal construction.The third part of the article is mainly for extraterritorial status quo within the civil rights of illegal construction carried out the analysis. Key from the property law system and the real estate registration system of the doctrine of numerus the relation with illegal building related properties of illegal structures are discussed in this paper. Finally locate in handling cases of practice in our country, based on the practice of illegal construction of the summary of the laws and regulations and related cases, lead to the core of the paper. The fourth part of the article that is the last part of the article, the author of the proposal is mainly constructed of illegal construction of the proposed rights protection mechanisms, namely the protection of the rules applicable to the illegal possession of protected buildings; in illegal construction can not be general property registration under the status quo, from Germany’s "administrative contract" system, proposed for the registration of illegal buildings, and for a reasonable grace period; and illegal construction tort liability.