The Empirical Research Of Giving Relief To The Wrong Register Of Real Estate

Firstly, by comparing several typical views held by domestic and foreign academic on the nature of real estate registration behavior, combined with the basic characteristics of real estate registration, this research proposes the complex attribute of public law and private law on real estate registration behavior, which should belong to quasi-administrative behavior. On this basis, it points out that the current remedies on the wrong registration of real estate include administrative remedies (correct registration and objection to the registration), administrative litigation relief, and civil relief.Furthermore, by analyzing some typical cases in practice, it provides with the defects or problems which encountered in the application of various remedies.Finally, based on scientific understandings of the legal nature of real estate registration, and combined with comparative research in domestic and foreign wrong registration of real estate, the author proposes several rational suggestions as follows:First, to develop administrative relief way deeply; Second, to use administrative proceedings remedy rational; Third, to improve the way civil remedies; Fourth, to rationally allocate the liability for the wrong registration of real estate. At the end of this paper, the author put forward her suggestions on improvements of some aspects, for example, laws and regulations, and specific operational process.