Study On Judicial Review Of The Housing Registration Dispute

Housing registration system is an important part of the real estate registration system in our country. Many scholars in China have begun to studied on the Housing registration system. In this paper, the author have explored and analyzed the concept and legal nature of registration system, the type and features of registration disputes, the judicial processing mode, the standard of registration review, and the liability for registration damages. The aim of this study is to construct a new system mode suitable for China's real estate registration system. There are five parts in this article.Part I: The concept and legal nature of housing registration. The author has elaborated the concept and connotation of housing registration system. When confronted to the dispute whether the nature of registration act is administrative licensing act or administrative confirmation act, the author put forward that housing registration was administrative confirmation act, and it possess demonstration effect, public credit effect, constrained effect and executive effect.Part II: The types and characteristics of housing registration disputes. The author has analyzed three main types of housing registration disputes and put forward that housing registration possessed the following characteristics: wide scope of accepting cases, extensive subject qualification, different standards of registration review, intertwine between civil disputes and administrative disputes, and so on.Part III: The judicial processing mode of housing registration disputes. In current judicial practice, no matter what the plaintiff to choose civil lawsuit or administrative lawsuit, if it meets the statutory prosecution conditions, the people's court must be accepted. However, once people's court accepted the intertwined civil and administrative lawsuit, it has not been clearly defined in the existing laws and judicial interpretation that the judges should choose which procedure and the order of two procedures. According to the analysis, the author thinks that the people's court should choose the judicial mode of"administrative lawsuit separated from civil lawsuit and civil lawsuit behind administrative lawsuit".Part IV: The standard of registration review of housing registration. Based on the analysis of a class of cases in recent years which have two distinct different review results, the author has presented three views on the review standard of housing registration: the theory of formal examination, the theory of substantive examination and the theory of legal review, and pointed out that the housing registration office should adopt the method of formal examination.Part V: The liability allocation of housing registration infringement. Frequent housing transactions are easy to make mistakes in housing registrations, and because the sum of house property transaction is very large, little oversight will cause greater controversy. In this paper, the author analyzed the nature and circumstances of compensation for registration damages, and illuminated the methods of the liability allocation of administrative registration infringement.Registration system is the basis of the real estate legal system. The establishment and improvement of the real estate registration system is an important part of the social legal system in China. This paper analyzed and improved the housing registration system, which will facilitate the housing registration office to fulfill legal obligations, protect the legitimate rights and interests of rights holders, promote the healthy development of the real estate industry, and advance our sustained and steady economic growth.