Research On Lawsuit Procedure Of Disputes On The Housing Ownership Registration

There are disputes on housing ownership between parties that one party affirms its rights of ownership on the basis of ownership registration, and the other usually raises a plea of illegality of ownership registration. Then, how should the Court of Civil Division exactly cognize and judge the validity of housing ownership registration? Moreover, if parties take administrative lawsuits, whether is there a need to abate civil action and await administrative judgments, or to refer the cases to The Administrative Division for administrative litigation incidental civil action? So far, there are no relevant explicitly provisions in Chinese legislation so that practical case dispositions differ entirely and theoretical discussion cannot reach an agreement during the past decade. All these situations fully suggest the complexity of this issue, so researches on it have great theoretical and practical significance.This thesis has four parts, and the main content is as follows:Part One is Introduction, to give an in-depth analysis of problems in the field of housing ownership registration by combining with practical example Jiaozuo Property case, and indicate the urgency and possibility to solve this issue.Part Two is the substantive law analysis of disputes on housing ownership registration. First, the author analyzes the nature of housing ownership registration and concludes that it has the dual nature of public law and private law. On the one hand, it is the method of Public Summons of Real Right of private law; on the other hand, it is one administrative affirmation, as one Quasi-administrative Act. Secondly, this part discusses the validity of housing ownership registration and maintains that this behavior has both validity of rights public, rights transfer and rights presumption in Civil Law, and the presumptive legality and deterministic force in Administrative Law.Part Three is the procedural law analysis of disputes on housing ownership registration. First, the thesis introduces domestic theories of resolving housing ownership registration disputes, including Prerequisite Theory, Incidental Merge Theory, Parallelism of Civil and Administrative Law and Single Procedure Law, and the author thinks that Single Procedure Law is more reasonable than others after comparative analysis. Then, the thesis introduces German dispute resolutions on housing ownership registration and provides reference for improvement of Chinese litigation procedure for resolving housing ownership registration disputes. Part Four is to reconstruct Chinese litigation procedure for resolving housing ownership registration disputes. First, a viewpoint is put forward that disputes on housing ownership registration should not be solved by administrative lawsuit and elaborated from four points of view as follows: nature, validity, effects and necessity of lawsuit abatement of housing ownership registration. Then, the author raises a standpoint that housing ownership registration should be examined as evidence in Civil Lawsuit, and details the censorship rules in examining housing ownership registration.