The Judicial Relief Of The Legal Rights And Interests On Illegal Construction

In recent years,our country has strengthened its efforts to crack down on illegal buildings.However,in the process of dismantling illegal buildings,due to improper disposal of illegal buildings,the legal rights and interests of administrative counterparts in illegal buildings are vulnerable to infringement,and it is difficult to be protected in judicial practice.The legal rights and interests of illegal buildings include the recyclable building materials,house items and corresponding trust interests after the illegal buildings are dismantled.To remedy the legal rights and interests of illegal buildings on the judicial level,it is necessary to first determine the qualification of the litigant subject,in which the qualification of the plaintiff is determined mainly according to its interest relationship with the administrative act being sued.The actual user is also affected by the forced demolition of illegal buildings,so the actual user also has the qualification of the plaintiff.Confirming the defendant’s qualification mainly considers whether it is an administrative subject enjoying legal duties and carrying out corresponding administrative acts.The relief of legal rights and interests on illegal construction needs to identify the loss of legal rights and interests,including the loss of building materials suffering from normal damage shall not be identified;The reason for the loss of items inside the illegal building lies in the fact that the items inside the illegal building were not removed before the compulsory demolition.When determining the loss of trust interest on illegal construction,it is necessary to measure with social public interest.In the distribution of the burden of proof for compensation in the administrative litigation of legal rights and interests on illegal construction,the plaintiff generally bears the burden of proof for the damage facts,and the defendant bears the burden of proof for the lawfulness of administrative acts and causality of the demolition act.If the defendant has violated the law to demolish the illegal building or did not remove and store the room items of before the demolition,so that the plaintiff is unable to provide proof,in the situation,the defendant shall bear the burden of proof for the plaintiff’s failure to suffer damage.