The Relationship Between Administrative Dispute And Civil Dispute In House Registration And The Mechanism Of The Disputes

This article discusses the problems and reasons that administrative dispute and civil dispute interweave in house registration. By analyzing the relationship between administrative dispute and civil dispute, as well as the basic theory related to house registration, the article searches for a more reasonable mechanism for the disputes.In house registration practice, the registration institution may make mistakes for some reasons. Slight defects existence in the applicant's civil rights, make the civil dispute and administrative dispute happen, and put administrative proceedings and civil proceedings together. Firstly, this article states the problems brought by the overlapping of administrative dispute and civil dispute, and analyzes the causes. Secondly, through discussing the legal nature, potency and the condition to become effective, the article analyzes the affection house registering takes to the property rights. Based on this, through the analysis of several standards on the registration institution's examination, the article discusses a more feasible standard that registration institution should take.Thirdly, by discussing the relationship between judicial power and executive power, the article analyzes the final determination function that court decision makes to the property rights. And finally, by discussing the performance of the problems that administrative dispute and civil dispute interweave in house registration, the article searches for a more reasonable mechanism for the disputes, that is Administrative Supplementary Civil Proceedings.Administrative Supplementary Civil Proceeding is essential and feasible, but it must meet certain conditions, and be filed according to legal procedure. At the last part, the article elaborates the conditions and procedure thoroughly.