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Study Of Several Issues Are The Administration Litigation Of The Disputes Of The Real Estate Registration

Posted on:2011-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:S W SongFull Text:PDF
GTID:2166360305981320Subject:Law
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The promulgation of"Property Law"has a significant impact on China's legal system of property rights field."Property Law"improves the real estate registration system and consummates the error compensation system of real estate registration office, which has an important significance on solving the dispute litigation of China's real estate registration. But the academic and judicial practice department has not yet reached a consensus on the legal nature of the act of real estate registration and it is lack of the legislation standards, resulting in the confusing practical operation on the real estate registration dispute litigation. The priority is to strengthen the theoretical research about the real estate registration dispute litigation to solve the various problems caused in practice. Therefore, the research on the real estate registration dispute proceedings is has of great practical significance.The first part commences with the analysis of the nature of the real estate registration. Meanwhile, it also clear that the nature of the action in the registration of the action is the administrative behavior. Then, the further analysis implements the administrative confirmation later. The next one, the author will demonstrate that the behavior of the real estate may be actionable. In order to expand the next problem, this part of the theoretical study plays a cushion role.The second part researches parties. In practice, it is relatively easy to determine the defendant of real property disputes of administration litigation who is the office of the real estate registration. It is not difficult to determine the third person, either. In this part, the author only researches the qualification of the plaintiff. Determined the plaintiffs'qualification standards have the interest of law with the behavior of the real estate registration. The author analysis different cases using the standards in order that research the issue of plaintiffs'qualification of creditors and other legal subjects.The third section discusses the problem of the duration of the prosecution. It is such a difficult point in practice that few people study. The author starts analysis the object of application by the Supreme Court which implements the administrative proceedings of the People's Republic of China interpreted in a number 41 and 42. Meanwhile, the author discusses the application deadline of prosecution about the administrative relative and legal stakeholders. The fourth section discusses the resolution mechanism about the disputes of the real estate registration in the administrative proceedings and the cross-case of the civil. This part puts forward how to resolve the administrative incidental civil action that the resolution mechanism about the disputes of the real estate registration in the administrative proceedings and the cross-case of the civil. It combines not only the status of cross-situation of pending the resolution mechanism about the disputes of the real estate registration in the administrative proceedings and the cross-case of the civil, but also it does on the basic of the resolution mechanism about the disputes of the real estate registration in the administrative proceedings and the cross-case of the civil.The administrative proceedings of the real estate registration are a rather complex issue. The author only has studied on the nature of real estate registration and actionable, the plaintiff qualification, limitation period and cross-resolution mechanisms. The purpose of studying these issues is that few people are to study in theory and it is rather unclear in practice. Due to space reasons, the article has no research on other important issues. Such as the jurisdiction of administrative proceedings of the real estate registration dispute, the burden of proof, referees methods, theses problems need to be studied later.
Keywords/Search Tags:real estate registration, the duration of the prosecution, The acts of the administrative confirmation, cross-case
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