A Study On Defects And Improvement Of Chinese Criminal Procedure Of Relative Nol Pros System

Administrative cases about Real estate registration involve in the interests of state, citizens, legal persons and other organizations. It's difficult to bring to trial and the foundation to go by in court is complex, flexible and there is always new situation. Such as the scope of accepting cases, the standard of investigation, the liability to pay compensation undertook by Real estate institution and the overlap of administrative cases and civil cases.There are some different opinions in the actual. They think the practice of registration usually can be accused and the related practices of registration can not be accused. According to particular instances, the organizations of real estate registration should make clear the share and then compensate the losses. Citizens, legal persons or other organizations don't satisfied with the decisions made by the administrative organs and administrative organ, if they want to have a Mention, they should have the organizations who have made the decisions to be defendant. The investigation to important materials, the inquiry to items and supplement to materials are used to proved the situation of real estate. The overlap of administrative cases and civil cases should be adjudged separately. The basis for administrative judgement is the basis for civil judgement and the result of the civil judgement is the basis for administrative judgement.How to trial this kind of difficult cases? The reason is that some judges don't know the traits of real estate correctly and this causes the main body indistinctly. All these can influence the development of technical of judicial referee. Analyzed some cases in the past few years in Changsha, the author think the registration is an act of affirmation and different items should be taken different standards in trial. The compensation of real estate in registration is suitable for use the principle of illegal imputation. To solve the problems of the overlap of administrative cases and civil cases, we should analyze every situation. If one of the parties have the administrative action and at the same time have the civil action to solve the debate between the basic civil relationship in law. It is advised to exam the civil action and then the administrative action. If one of the parties insists on administrative action in civil action, it is advised to exam the administrative action first. In administrative action, we should exam the third party is whether in goodwill or not.