Case Analysis On Confirm The Real Estate Dispute Of Zhangfucun Charged By Lushiwei

Real estate registration system is one of the property law's core and the publicity way of property changes, which plays an important role in property changes. For the behavior of real property registration and administrative acts have a broad and deep relationship, they both have the dual legal relationship of administrative and civil. There exists real property related to the existence of civil and administrative litigation cases cross in trial practice. How to hear disputes on real estate registration, what applies to the trial organization, in terms of theory and practice,have far-reaching significance and impact..In this paper, according to the Confirm the Real Estate dispute of Zhangfucun Charged by Lushiwei ZhangFuCun,We analyze the nature of real estate registration, then discuss the real estate ownership should be trial by civil proceedings. Described thoughts from such cases and provided some reference for trial to similar cases. This paper is divided into three parts:PartⅠ:Introduction to the case and its dispute focus.. This section describes the case detials of Zhangfucun against Lushiwei confirm the Real Estate dispute and the court's decision. Finaly arrived at three controversial points of the case:First, how to identify the property ownership when the name of the property were inconsistent with the actual property of people,. Second, whether the real estate registration is civil or administrative action. Third, the disputed ownership of real estate,Is resolved through civil litigation is resolved through settlement or through administrative proceedings.PartⅡ:Analysis the controversy of the case theoretically. This part firstly set forth the meaning of real estate property registration in the real estate registration and real estate registration type, nature, the effectiveness of the theoretical explanations,and analyze the nature and effect of real estate registration in this case,which reached a conclusion that real estate registration only presumptive evidence of the effectiveness doesn't have the absolute. The prosecutor prove the obligee is theirs,, then the court pronounce the true evidence to the obligee in accordance with law,which meet legal requirements. For the registration of real estate litigation cases should be applied to the first departure from the Court's current approach, to analyze a variety of litigation, combined with the circumstances of this case, the case of litigation should be applied to make a choice, come only with real estate ownership dispute the registration of real estate registration office no objection to conduct the case for civil action to resolve findings.PartⅢ:Ponderation from the case. Analysis the ponderation of the case as follows:First, purchase real estate on behalf of another person should face the risk of litigation:from the perspective of litigation risk, should be careful to purchase real estate on behalf of others. Second, it is real estate registration shall be perfect. Due to the real estate registration at present in our country there are many problems, we should perfect the registration, in order to reduce the production of the dispute of real estate.