Study Of The Law Applied To The Unauthorized Building

Unauthorized Building is the product of unauthorized construction behavior. The public law approaches are mainly dismantlement, rectification or fines in a certain period. In the perspective of private law, the rights of illegal buildings are unable to register, and the construction of behavior does not meet the requirement of "Property Law" because of the provisions of the acquired property rights. Therefore, the constructor cannot acquire the ownership of the unauthorized building. But the denial of both public and private law does not provide practical regulations for the treatment of unauthorized building. On the contrary, imperfect and weak enforcement of relevant laws have raised a lot of disputes in the judicial process of practice. In real life, the construction of the unauthorized built houses is still a repeated behavior.This article is divided into four chapters to discuss the law applied to the unauthorized building. The main idea of each chapter are as follows:Chapter 1:the concept and the legal definition of the unauthorized building are discussed at first. I believe that the dispute on legal terms of unauthorized building and illegally constructed building has no practical effect on solving disputes about the unauthorized building. According to whether unauthorized building can be converted to legally constructed building or not, illegal buildings will be divided into corrected illegal buildings and uncorrected illegal construction.Chapter 2: this part is about the analysis of violation of civil rights on the building.By comparing and analyzing various doctrines, I believe that the person who built the unauthorized building should have the ownership of those buildings. But because of the illegality of illegal construction in terms of public law, the ownership also carries corresponding obligations limit.At the same time, the person who didn’t built the building but in fact control and utilize the buildings, this article from maintaining public order level departure, advocated the protection of Possession System.Chapter 3: focusing on unauthorized building on the application of tort law. This paper argues that, although the illegality nature of illegal construction in terms of public law, the disposal and management of the unauthorized building are beyond the responsibility of administrative departments of the government. Other units or individuals are not entitled to the unauthorized removal, destruction or occupation, or is a tort, should bear civil liability.Assume responsibility for specific manner and the amount of damages should vary, depending on the classification of the foregoing illegal construction.The Chapter 4 focuses on the issues related to the transaction of unauthorized buildings.This paper argues that since the unauthorized buildings have some values, the sale and mortgage of the buildings should abide by the principle of distinction.In other words, the sale is valid but does not necessarily produce the force of law on the right of property changes.Because the unauthorized building do not have full exchange value, the mortgage contract is valid, but the mortgage cannot be established.In addition, at the end of the paper, the author presents the initial registration of unauthorized building on the idea, hoping to further make regulations on the unauthorized building.