The Theory Of Illegal Structures Adjustment Of Civil Law

Refers to the illegal buildings in violation of the land administration law, the urban andrural planning act, Building law and other relevant provisions of the laws and regulations,without approval or without authorization does not conform to the urban and rural planningfor building, rebuilding and expansion after the formation of the buildings, structures andfacilities. Distinguish between procedural illegal buildings neo-treasure hill and substantialneo-treasure hill, for procedural neo-treasure hill, in order to play the utility of things, avoidthe waste of resources; For procedural neo-treasure hill should through the make up for thelack of procedural, make its become legal construction. Material of illegal buildings, as themain body and as the basis, we should establish a supervision mechanism of illegal buildingto prevent the public rights infringement of citizens’ property. Illegal structures due to congenital illegality rejected by public law, but does not rule outthe private law field, it is necessary to clear the civil law position of illegal buildings, toensure the rights of subject to be safeguarded. For example, the small property right istypical of illegal structures in China, because of it cannot complete the housing registration,it can’t get the building property right. But we can’t deny it as a form of property, it also hascertain using value for the ownership. The possessor of illegal buildings can through self-help, claim to real right, creditor’s right and a variety of ways to protect their own interests.Possession of illegal buildings protection, it’s not only for the equity interests, but alsomaximize the use of resources. It not only solved the embarrassment of illegal buildings,possession and return the right of claim other rights to realize the protection of real right ofillegal buildings, possession through the use of the damage compensation and liability of thedamage compensation way so as to obtain debt relief. According to the characteristics of the illegal building itself and the reality, illegal buyingand selling, leasing contract shall be deemed to be valid, we should be registered by revealsthe rights of the illegal buildings to society, to understand the right of illegal buildings, tomaintain social stability and promote economic development has a lot of benefits.Specification and the use of illegal construction, to conform to the social reality and thedevelopment idea, on the premise of its harmfulness not further, we should make themaximum utility of the illegal structures play things, avoid the waste of social resources,rather than blindly for compulsory enforcement.