Reserch On The Identification Of Illegal Constructions And The Validity Of The Sales Contracts

In late 20 th century, with the acceleration of the reform, the Chinese economy has been developing at an unprecedented rate, with the process of urbanization, buildings were throughout everywhere. However, many problems are hidden behind. Many builders simply ignore laws and regulations for speed and scale, resulting in illegal constructions’ exponential growth. These illegal buildings not only broke the regional unified planning of urban construction, but also to the people living, lease, sale, inheritance, has brought many challenges. Therefore, when entering a new historical stage of development nowadays,we have to stop, to seriously think and solve related problems caused by illegal constructions.These problems related to the legislative, judicial, law enforcement and comprehensive issues.Under the dichotomy between public and private law legal, instead of only from the angle of public law to explore how to identify and deal with illegal structures, at the same time, but from the point of view of private law, study the ownership,sales contract for a system analysis.To understand and study the problems of illegal construction in private law, you first need to scientifically define, what is illegal construction? What is the difference between two similar concepts ? On this basis, we should type of illegal constructions from a scientific thinking systems.Only on the basis of a clear definition and a complete classification, can we go further.The first part of this paper focus on the concept of illegal construction, this is also the range of this study, illegal construction here refers to: constructions that violated legal regulations, normative file and the collective organization system.The second part, to systematically classify illegal construction.Some of the existing categories are too general, unable to lay the foundation for subsequent studies. This classification based on binary structure of land, adapting our existing land legislation. The third part,the ownership of the illegal construction based on binary classification in private law. Illegal construction of the rights vested in the academic field of " ownership of immovable property " "ownership of movable property" "possession" "non-ownership" and many other theories, the author says in favour of " ownership of immovable property " point of view, first identified illegal construction of real estate properties, then finds private subject has ownership in civil law. Last part of the article discusses the effect of illegal construction contract, is also based on the same classification. In my opinion, the validity of illegal construction contract, essentially speaking,is treating illegal construction as the object of discussion on the validity of a sales contract, which requires contract law and judicial interpretations related to the provisions of article 52,then draw a strict separation between " Effectiveness of the mandatory requirements " and " Mandaory rules for Administration ". In short, this paper is based on the private law, explore the The proprietary rights of illegal constructions and the validity of the sales contracts connected.