Study On The Ownership Of Illegal Buildings

With the acceleration of urbanization process,housing has become a social necessity,some people seize this opportunity to vigorously carry out construction,construction began everywhere,resulting in the number of illegal construction in recent years has been growing.These illegal buildings are in violation of the unified planning for environmental construction carried out by the construction sector.These illegal buildings violate the unified planning of the construction department for environmental construction,and also bring a series of follow-up problems to the people's lives and production.Can not be ignored.Therefore,in the new era of China's growing development,dealing with the difficulties caused by illegal construction has become an important issue.China 's public law has more complete regulations on how to solve the problem of illegal buildings,but the complexity of illegal buildings means that we cannot focus on the identification and handling of illegal buildings by public law.The ownership,validity of relevant contracts and infringement shall be identified in a complete and systematic manner.This article is divided into four chapters to study and analyze the ownership of illegal buildings.The first chapter is based on the analysis of the lease contract Dispute Case Between East Star Hydraulic Co.,Ltd.of Yuyao City and Eagle Lamps Co.,Ltd.of Yuyao City.It mainly analyzes and evaluates the facts,basis of the case and the court's judgment,clear the focus of the case,showing the judicial practice of the ownership of illegal construction and the validity of the corresponding contract.At the same time,the legal issues of illegal buildings involved in typical cases are studied,starting with the differences between temporary buildings and illegal buildings,and the ownership of illegal buildings involved in cases is determined,and then a preliminary exploration of the case of illegal construction of the lease contract effectiveness.The second chapter puts forward the necessity of defining the ownership of illegal building.Firstly,it expounds the theory of the definition of illegal building and clarifies the definition of illegal building.Secondly,it analyzes the regulation of illegal building in the current law,and points out that the regulation mainly focuses on the way of public law,ignoring the protection of the private right of illegal building,at the same time,it shows that the traditional real right law is not unified enough to regulate illegal buildings and protect them effectively,which has its limitations.Finally,from the point of view that defining the ownership of illegal buildings can achieve the goal of settling disputes by law,reduce the number of illegal buildings,and clarify the rights and obligations of the builders,this paper expounds the necessity of defining the ownership of illegal construction.The third chapter studies the private law attribute of the illegal building,first of all,elaborates and comments on the numerous theories about the illegal building.Secondly,starting from the dual structure of real right system,taking possession as the starting point,elaborating the basic arguments that ownership is the property of property,possession is the state of property utilization,and possession is the property utilization right,and then the illegal building has the property of possession.The Fourth Chapter Studies the practical value under the ownership of illegal building.This paper focuses on the problems of the rent and sale of the illegal buildings,the problems involving the infringement of rights and interests,the disputes between the builders of the illegal buildings and their neighbors,and whether the relevant infringement of the illegal buildings should be protected,to obtain the illegal construction of possession,punishment,use,proceeds of the power,and therefore assume the corresponding legal responsibility of this view.The last part is the conclusion,which is the summary and refining of the full text.This paper covers the basic content of the summary of the illegal construction of the private law attributes of knowledge and understanding.