Research On The Illegal Construction And Its Protection Of The Private Law

Although illegal construction is a public law concept,it is mainly regulated by public law,but the private law rights of illegal construction have become a social issue now that it cannot be ignored.The private law protection of illegal construction is not only the protection of the private law rights of illegal construction,but also the protection of the private law rights and interests of illegal construction.The maintenance of social public interests and order is therefore of great significance.This paper adopts the semantic research method,social survey method,and comparative research method in the value analysis method and the positive analysis method,and holds that the protection of illegal construction by private law is the result of the balance between the public and personal interests,the social harm of illegal construction and the social value.The uniform use of "illegal construction" means that such constructions conform to Chinese construction control practices.The definition of illegal construction should be closely integrated with Chinese construction control practices,and should be derived from Chinese construction control codes.Research on illegal construction should pay attention to the categorization of illegal construction.When it comes to the specific content of private law protection,the impact of different types of illegal construction cannot be ignored.Judging the attributes of private law rights in illegal construction cannot be separated from the legal attributes of illegal construction.While paying attention to the public welfare damage of illegal construction,the social value of illegal construction cannot be ignored.Compared with the movable property ownership theory and the possession theory,the viewpoint that real estate ownership can be established in illegal construction is more conducive to the protection of illegal construction and can give full play to the social value of illegal construction.The specific content of the protection of illegal construction by private law is mainly the right to claim property rights and compensation for damages,but the right to claim property and the acquisition of damages by the owner of the illegal construction will be subject to the negative evaluation of the illegal construction in the public law and the type of illegal construction.Real estate registration is not only a means of publicity of real estate,but also a condition for changes in property rights on real estate.It is of irreplaceable significance for illegal construction.However,in terms of Chinese current legislation and practice,combined with the feasibility of real estate registration for illegal construction,it is more reasonable to maintain the status quo that the real estate registration of illegal construction is not allowed.In order to fill the gap in the protection of the private law about illegal construction caused by the inability to real estate registration,a distinction should be made between the effect of the rights and interests enjoyed by the successor of the illegal building on the owner of the illegal building and the third party.