Who is the legal property right for the illegal property

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The owner of the house has ownership of the house and is in accordance with the law.

Legal Analysis: 1. How to deal with illegal real estate transactions.

Crime of illegal transfer or resale of land use rights: According to article 228 of the Criminal Law of the People's Republic of China, whoever illegally transfers or resells land use rights for the purpose of making profits, violates land management laws and regulations, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or a fine of not less than 5% but not more than 20% of the value of the illegally transferred or resold land use rights.

II. What are the elements that constitute the crime of illegally selling land use rights?

Subject matter elements. The object of the offence is the land management system of the State.

Objective elements. This crime is objectively manifested as a violation of land management laws and regulations, illegal transfer or resale of land use rights, and the circumstances are serious, and it must be an act in violation of land management laws and regulations. The crime of this circumstance is a circumstantial offense, and the act of illegally transferring or reselling land use rights must reach the level of seriousness in order to constitute this crime, and the so-called serious circumstances mainly refer to the multiple acts of this crime; Illegally transferring or reselling a relatively large number of land use rights; Obtaining relatively large illegal benefits; causing serious damage or desolation of land; Wait a minute.

Principal Elements. The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the capacity for criminal responsibility may become the subject of this crime.

According to Article 231 of this section, a unit can also constitute this offence. Where a unit commits this crime, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be pursued for criminal responsibility in accordance with this article.

Subjective element. This crime is manifested in the subjective aspect as intentional and with the aim of making a profit, and not for the purpose of making a profit, does not constitute this crime. Profit-making is not only the perpetrator's pursuit of monetary benefits, but also refers to the perpetrator's pursuit of other improper benefits, such as applying for a passport abroad, for promotion, and so on.

Legal basis: Criminal Law of the People's Republic of China

Article 228 Whoever, for the purpose of making profits, violates the laws and regulations of the Bureau of Land Management by illegally transferring or reselling land use rights, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention, and/or shall be fined not less than 5 percent but not more than 20 percent of the value of the illegally transferred or resold land use rights;

where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine of between 5 and 20 percent of the value of the illegal transfer or resale of land use rights.

Article 231:Where a unit commits the crimes provided for in Articles 221 through 230 of this Section, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of each article of this Section.

Article 73 of the Land Management Law buys and sells or otherwise illegally transfers land, by the people's land administrative departments at or above the county level to confiscate illegal gains; Where agricultural land is changed into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the land shall be restored to its original state.