Study On The Dispute Resolution Of Administrative And Civil Overlapping Case

Administrative and civil overlapping case in registration of housing ownership is the case that there is need to address both the administrative disputes and civil disputes, they have mutual connection in the legal fact, and also have cause and effect relationship, or mutually for premise in processing result. Such cases not only involved the validity of administrative action of house registration authority, but also involved the disputes of housing ownership between parties and the scope of judicial review. Because the lack of legislative, judicial mechanism, theoretical construction, legal interpretation and discretionary skills, courts throughout China have big differences in the judicial practice of such cases.The main text altogether is divided four parts; the first part elaborates causes of administrative and civil overlapping case. The main reasons including:the wide range of executive, judicial system's separation of civil action and administrative litigation, interpenetration of civil law and administrative law.The second part introduces the basic theory of registration of housing ownership and review mode of registration of housing ownership in China. Analyzing the character of registration of housing ownership, the three modes of registration of housing ownership to summarize the review mode of China, that is mainly the formal examination.The third part lists several judicial practices of solution of overlapping cases. First clarify the several judicial practices of solution of administrative and civil overlapping case in China, and make evaluations. Then study abroad system, and points out the positive impact on China.The fourth part discusses the dispute resolution of Administrative and civil overlapping case in registration of housing ownership and illustrate some related issues. By summarizing the disputes in judicial practice, the author propose that administrative action and civil action carry through independently, there is no fixed pattern to judge which should carry through first. That depends on different cases.