The Judicial Remedy For The Mistakes In Real Estate Registry

With the soaring housing price in the recent years, household has become the main composition of individual or family properties, which has highlighted the importance of real estate registry. But because of the complexity of the real rights of real estate, inevitably will the mistakes in registry be made. Presently among the issues in the court, there is an upward tendency in cases covering both administrative and civil dispute, interacting as both causes and effects. This relevance will certainly bring about interlinks between civil and administrative cases in real estate registry. However, due to the difference in the legislative authority of actual relationship, the trial procedure and the entity adjustment, the trial of civil and administrative cases will always be put in the dilemma. The science of law authority has been widely concerned about the civil-administrative interlink issues in real estate registry. This is also a problem in civil and administrative trial. The resolution of interlink issues is not only involved in the benefit of law and judicial authority, but also will result to the protection of the citizen rights. In the practice of judicial trial, there is disagreement in the interlink issues. A more effective judicial remedy for the real estate is greatly needed to protect the civil rights for private properties.This article firstly states the importance and legal nature of the registry of real estate, the issues on compensation for the mistakes in real estate registry and the problems in the practice of judicial trial; Secondly makes an analysis and comparison of lawsuit relieving ways in real estate registry and the resolution in foreign countries; thirdly focus on the necessity and feasibility of the supplementary civil-administrative lawsuit; Lastly, make a conception of the supplementary civil-administrative lawsuit.This article is devoted to making a deep reflection of judicial relieving in real estate registry to find an effective legislative mechanism which meets the practical needs in China. To concentrate on how to discard the dispute of choosing procedure and resolve the conflicts through the administrative supplementary-civil lawsuit mechanism, which makes the real estate issues get resolved at a time. This is of great importance to improve benefits of procedure, protect the civil rights and guarantee the judicial decision. This article aims to provide the grounds for judicial organizations to hear similar cases.Author believes that, our real life abounds many civil issues and administrative issues due to the same legal facts. Therefore, to merge such coexisting, interlinking inherently civil and administrative issues, meets the needs to protect the legal interest of clients quickly, impartially and effectively to establish the sound socialist legislative system.Through the establishment the administrative supplementary-civil institution, we can clearly tell the relationship between administrative issues and closely-linked civil issues to ensure a sound development of administrative lawsuit system.