Study On Relief For Illegal Buildings Be Infringed

Illegal buildings are still an old problem in our country until now.Not only do laws and regulations have no clear definition of illegal buildings,but scholars also have many disputes about the nature of illegal buildings.When courts try disputes involving illegal buildings,they also encounter many confusions in the application of laws and other aspects.In judicial practice,many courts refuse to accept disputes concerning illegal buildings on the grounds that "the plaintiff should be informed to apply to the relevant departments for settlement",which can easily lead to intensification of contradictions and affect social stability.Objectively speaking,illegal buildings do endanger social order,but illegal buildings are still belong to a kind of property,which has certain use value and value,and may even create new value,and a considerable number of illegal buildings can be corrected by means of supplementary procedures.Therefore,before the illegal buildings are demolished by the relevant departments according to law,the law should give them some protection,otherwise the social order will become extremely restless,and the relationship between people may fall into the "jungle rules".This article starts with two common concrete cases,leads to the relief dilemma of illegal buildings infringed in practice,and from the content of legal rights and interests of illegal buildings protected by law,judicial interpretation affirms the use value and value of illegal buildings,analysis of ownership of illegal buildings and so on,gives some analysis to illegal buildings.The jurisprudence of legal protection,and then from the theoretical basis of possession protection is legal interests,possession is the object protected by tort law,the civil possession rights enjoyed by illegal builders and the possession protection of illegal buildings when they are infringed,etc.,put forward the possession protection of illegal buildings when they are infringed under the perspective of possession system.Compared with legitimate buildings,it points out the restriction of possession and protection when illegal buildings are infringed,and tries to find a new way to deal with illegal buildings properly so as to help solve practical problems,resolve contradictions and disputes and promote social harmony in judicial practice.