Research On The Validity Of Illegal Construction Lease Contracts

With the rapid development of China's economy,on the one hand,the advancement of urbanization accelerates the flow of population,and the housing in many urban and rural planning has been unable to meet people's needs of production and life.It is common that housing supply falls short of demand.House prices are rising all the year round.On the other hand,due to the complexity of the examination and approval process and strict conditions,a large number of illegal buildings that do not meet the requirements of urban construction planning emerge as the times require,coupled with the reform of land use rights and the gradual improvement of the law,there are also a large number of illegal buildings left over by history.These illegal buildings are often rented out in reality because of their certain use value,which not only brings benefits to the lessors,but also meets the needs of a large number of low-income groups.However,in the rental process of these illegal buildings,disputes are also inevitable.due to the particularity of illegal buildings,there are often differences in the determination of the validity of the contract in court decisions.In view of this,the Supreme people's Court issued the understanding and Application of Judicial interpretation on the trial of disputes over Urban Housing Leasing contracts in 2009,which specifically stipulated that the lease contracts based on illegal buildings were invalid.Although this provision seems to unify the standard,it fails to achieve its desired effect because of the wide variety of illegal buildings,complex identification and rapid renewal.After thinking deeply,we will find that this principle is not only inconsistent with the general provisions on the validity of legal acts and contracts in the General principles of Civil Law and contract Law,but also lacks legal basis in reasoning.therefore,it is necessary to re-study the effectiveness of lease contracts for illegal buildings.There are three reasons for the judicial interpretation to determine the validity of the illegal building lease contract: first,the illegal building lease contract violates the effectiveness compulsory provisions,which belongs to the illegal contract,so it is invalid;second,because of the illegality of the illegal building itself,it directly leads to the invalidity of this kind of contract;third,the illegal construction behavior indirectly leads to the illegal leasing behavior.However,such an identification standard is difficult to justify in legal theory.Therefore,this paper first expounds that it is not proper to stipulate that the illegal construction lease contract is invalid in the judicial interpretation,and then positively demonstrates the factors that affect the effectiveness of the illegal construction lease contract.The determination of the effectiveness of this kind of contract should be distinguished according to different situations.This paper is divided into four chapters.The first chapter is divided into two parts.The first part introduces the concept of illegal construction,analyzes the causes and legal characteristics of illegal construction,and defines "illegal construction".The second part points out the current situation of dealing with disputes over illegal construction lease contracts in our country,one is the determination of the effectiveness of the contract,but the distribution of contract interests,and raises questions.The second chapter is divided into two parts,which first discusses the lack of legal basis of the relevant provisions of judicial interpretation from three aspects;finally,it is added that there are drawbacks in the legal consequences after determining that this kind of contract is of course invalid.The third chapter discusses the effectiveness of illegal construction lease contract.It is demonstrated that as long as it meets the entry into force requirements of a general contract,such a contract should be valid.The first part expounds the value of public and private law on illegal buildings,and the restrictions of public law should not absolutely lead to the invalidity of such contracts;the second part analyzes the factors that affect the effectiveness of illegal building lease contracts,including the relevant provisions in the General principles of Civil Law and the contract Law,as well as the distinction between burden behavior and punishment behavior.From the perspective of judicial practice,the third part discusses the inconsistency of different judicial interpretations and the boundary between civil judicial power and administrative power.The last chapter discusses that the validity of illegal building lease contract should be determined according to the circumstances.In the relevant disputes,the principle of proportionality should be used to judge and analyze whether it has violated or not.Classification to determine the harmfulness of illegal construction is more conducive to the identification of the effectiveness of its lease contract.We have to admit that the actual use value of a large number of illegal buildings has met the housing and economic needs of many civil subjects and played an important role in social operation.Therefore,when dealing with illegal building lease disputes,we can not only deny the effectiveness of the contract,but also protect the transaction order in judicial practice,maintain social stability and meet the interests of all parties.