The Analysis Of Mao Qunan Suiting Against Of Land Registration Of Jimo People’s Government

Administrative litigations disputed by land registration in the administrative trial practices abound, and occupy a large proportion of the cases heard by administrative tribunal of grass-roots court. However, due to historical reasons and long-term and non-standard land registration act, the administrative adjudication of disputes on land registration is difficult. Our Administrative judgment adheres to the principle of legitimacy review, but land rights are often intertwined with the economic interests of rights holders. It’s the economic conflicts of interest between the different subjects behind the interest in land and this feature of the land dispute cases make the limitations of rigid legitimacy review of administrative proceedings that hard to resolve administrative disputes effectively and completely particularly evident. The compromise in administrative proceedings is widely used in the judicial practices of the administrative adjudication as a dispute settlement mechanism that can properly resolve administrative disputes, but due to the inadequacy of laws and regulations as well as the particularity of the administrative proceedings, there are a lot of problems that stay in the compromise of the administrative proceedings in judicial practices. How to make the system specification and perfect becomes a reality problems to be solved, and this is one important reason of article topics.This paper selects the typical case heard by grassroots court that MAO Qunan suiting against of land registration of Jimo people’s government. Analyzing the entity, procedure and legal application and related matters involving in the case, inducting the legal standard of administrative litigation compromise and withdrawing lawsuit mechanism and the problems in the judgment practices reflected from the case, and put forward perfect Suggestions from the above two.This paper is divided into four parts, Part Ⅰ for the cause of action and the introduction, Part Ⅱ for focus of the case, Part Ⅲ for controversies and disagreements, PartIV for research conclusions.Part Ⅰ, the author points out the generalization of the content of the case highly first, and in the following introduction of the case, the author present the concrete panorama of the case through the complete detailed introduction to the case facts, related litigation evidence and case procedure of treatment and so on contents.Part Ⅱ, the author carries the content and dispute of plaintiff and defendant on the analysis, sums up three focus places of the dispute:the first focus is whether the land registration is illegal. The second focus is that the permission for the application of the lawsuit withdrawing accord compromise on their own presented by the plaintiff and made by the people’s court is correct or not. The third focus is whether the people’s court refused to accept the plaintiffs prosecution again after the application for withdrawing is correct or not. And then refine and clear the related legal theory and juridical practice to the three focuses above involved.Part Ⅲ, the author analyzes the controversial focuses and reasons of both plaintiff and defendant’s in the process of case, the people’s court’s judgment reasons and the ruling results, introduces and discriminates the involved legal theory and different views of applicable statutes. And then show the author’s views and opinions on the character and the proceeding of the case.Part Ⅳ, the research conclusion, in the foundation of the first three parts, expanding from special case to a system level, the author summarizes the problems in administrative litigation compromise and withdrawing system in our country reflected from the case, and put forward suggestions in terms of theory and practices.Part Ⅲ and Part Ⅳ are keys of the full text. Part Ⅲ the controversy and disagreement is divided into three sections. In the first section, the author analyzes the illegality of the alleged specific administrative behavior accord the characters of the specific administrative act and the responsibility of defendant. The second section bases on the conclusion of the first section, the author analyzes the legitimacy of the compromise agreed on the two parties own and the correctness of the order approving the withdrawing the people’s court granted when the specific administrative act is considered to be illegal. In the third section, the author analyzes the relevant laws and applicable laws of prosecution after withdrawing, confines the adequate excuse that people’s court should accept and the legitimacy of the people’s court refused. And conclude a conclusion that the judgment of people’s court is legal but the hazards existing. Part IV the research conclusion, the author analyzes the shortcomings of our administrative litigation settlement and withdrawing mechanism reflected from the case, and puts forward the perfect Suggestions from the practice and theory levels. This part is divided into three sections, and in the first section, the author expounds the theory support and practical significance of the administrative lawsuit compromise, points out the legitimacy and practice value of administrative litigation compromise and withdrawing mechanism. The second section, the author summarizes the five basic principles of the administrative litigation compromise and withdrawing mechanism should follow, and illuminates the details of the five principles that the principle of legality, the principle of voluntary participation, the principle of equality, the principle of finitude and principle of efficiency. In the third section, the author points out the practice problems in the administrative litigation compromise and withdrawing reflected from the specific case, gives the analysis and inductions of the causes, and put forward some Suggestions to the problems.