违法建筑在私法上的地位

本文从私权的角度 ,侧重论述了违法建筑的归属和利用两大问题 ,认为违法建筑作为不动产 ,依事实行为的完成而由建造人直接取得所有权 ,公法上对违法建筑的限制 ,不是针对违法建筑的所有权的取得 ,而是针对所有人的权利的行使。利用违法建筑 ,应当兼顾社会公共利益和各方当事人的利益 ,并符合物尽其用的宗旨。

Discussing Illegal Construction Upon Private Law

The essay will lay emphasis on private right and discuss about reversion and disposal of illegal construction. The author regards illegal construction as real estate, by the fact itself which can be acquired its ownership by construction unit. Public law confines illegal construction; However, it isn't directed against the acquisition of ownership about illegal construction, but it is aimed at the exercises of rights of proprietor. Making use of illegal construction should pay attention to public interests and each litigant's interests and tally with the aim of letting all things serve their proper purpose simultaneously.