Predicament And Solution Of Ownership Of Illegal Buildings In River Channels

For a long time,influenced by the traditional concept of legal system and law enforcement habits,China's legislative policy,public law provisions and law enforcement practice basically hold a negative attitude towards the ownership of illegal buildings.However,this negative attitude has not effectively curbed or even eliminated illegal building behavior,but also to a certain extent intensified the "right disputes over illegal building".Under the background of promoting the strategy of ruling the country by law in an all-round way,it is necessary to solve the problem of property ownership of illegal buildings in river course according to law,and give fair consideration to the application of public law and private law in the ownership of illegal buildings and civil rights in river course,so as to protect the social public interests and effectively protect the relevant legitimate personal interests.This paper is divided into five parts: introduction,text and conclusion.It analyzes and discusses the dilemma of ascertaining the ownership of property rights of illegal buildings in river course and its solution mechanism.The preface mainly introduces the question and the significance,the train of thought and the method.The main contents are as follows:The second part mainly discusses the dilemma of determining the ownership of illegal buildings in river channels.This article begins with the reason why the term "illegal building" is adopted,and then focuses on the legal definition of illegal building in river course after discussing the legal definition of common real estate as illegal building,and combs out various theories about whether illegal building can be regarded as the object of ownership.Then it comments on the negative theory and the positive theory and puts forward the correct interpretation of Article 30 of the Property Law.The third part mainly probes into the cognizance mechanism of the ownership of illegal buildings in river channels.Undertake the above interpretation of Article 30 of the Property Law: it is necessary to find out the specific legal norms violated by an illegal construction act,and weigh the relationship between state control and private autonomy according to the specific circumstances of the case,so as to draw a relatively appropriate conclusion.This part first describes the existence of illegal buildings in the river channel by the case,through the analysis of the specific circumstances of the case,weighing the law violated by illegal buildings,resulting in social harm and personal legitimate interests to protect the way.Inorder to extract the procedural and substantive criteria for identifying illegal buildings in river course,and the corresponding ownership of illegal buildings in river course.The fourth part mainly discusses the proper way to deal with illegal buildings in river courses.The article holds that the discussion of the attribution of illegal building right law in river course is actually a question about the relationship between private right(private law)and public right(public law).There should be a fair dialogue mechanism between public and private games.Combining with the cases handled by the water administrative law enforcement department,the author explains how the water administrative department handles the illegal buildings in river course properly.The conclusion of the fifth part points out that the administrative law enforcement departments should adhere to the principle of proportionality,measure the necessary interests of illegal buildings in rivers,and take whether the illegal buildings in rivers constitute substantive violations as the criteria for identification,and take legal and fair measures to deal with them so as to effectively protect illegal buildings while effectively safeguarding public interests.Personal interests.The author expects this article to have certain reference value in dealing with civil disputes related to it in our judicial practice.