The Research On Civil Right Of Illegal Construction

Illegal construction is an objective reflection of the Chinese development in real estate and housing-related industries. To face up this phenomenon, different regions give different attitudes and legal provisions which diversify from each other. In china, the development and form of the illegal construction can have some bad influences on economic market and social system, meanwhile, the public law regulation and criterion of private law have many leaks. The unscientific protection and control method, scarce law enforcement encourage the existence of a large amount of illegal constructions and potential trading activities, which arouse concern of society and academic thinking and research. How to better solve the problems brought by illegal construction with the rule of law to standardize the market order and social order? Like the old proverb goes, For the elderly wood, will be solid fundamental; to be far, will build its source. The property right of illegal construction is truly decisive If you want to fundamentally change this problem. Illegal constructions are denied by law for its “original illegalness”, therefore its real property rights are limited without effective law protection. Will the actual state of illegal constructions’ real right character assure the function in behavior adjustment validly? Does it need to be polished in practice? What is the practical stage of illegal construction? Does the existence of illegal construction need real right protection? If so, how to do that?The problems mentioned above will further one by one discuss.This paper is divided into three parts, including introduction, four chapters and conclusion. The introduction sketches the selected title background; Chapter one systematically introduces the concept, characters, types and some other aspects of illegal construction, sets precondition and points out the direction and target of the discussion which pave the way and lay the groundwork for thorough explanation; Chapter two roundly discusses the rationality of real property right existence and puts forward some suggestions about “decriminalization of revision procedure” from the point of the current situation of illegal construction, confliction of the real right character, the present stage of real right and some other aspects. Chapter three uses the trade, pledge, succession and inheritance of illegal construction to analyze and discriminate the problem aroused by current processing mode one by one and further prove the law meaning and social value contained in “decriminalization of revision procedure”. Chapter four starts from the level of the law protection, deeply dissects the significance of illegal construction protection and seriously explores protection measures related to realize some illegal construction interests. The conclusion is based on the thread of this article which reviews and concentrates the points mentioned from this article and reiterates writer’s position and point about the civil right of illegal construction.