The Research On The Conflict Of Civil And Administrative Litigation Concerning Real Property Registration

"Property Law" as a national law to adjust the ownership and the utilization of the property, belongs to the category of civil law. But quite a number of terms relating to the administrative legal relationship contain a lot of administrative laws and regulations, relating to the cohesion of the relevant administrative laws and regulations. Property Registration, especially real estate registration system which is an important content of the China’s "Property Law", has the dual legal relationship, owing to the real estate registration behavior and administrative powers have extensive and profound relationship. Its civil private law property determines the course in civil proceedings to review the registration; its administrative public law attributes the registration controversy to be a public law dispute, which can become case scope of the administrative lawsuits. This natural formed the emergence of the cross problem, and showed an increasing trend. Because the civil and administrative which has its own characteristics and litigation principle, adjusted by the procedural law, and judged by different trial. And the existing law has no relevant regulations on this kind of cross-proceedings cases, Resulting in the courts at all levels in the class case trial procedures, apply to laws, and judge the results, there are large differences between a varieties of different perspectives in theoretical circles. Therefore, how to search for a scientific, reasonable, accord with China’s actual trial mode has important significance.This article from the real estate registration disputes in civil and administrative cross-generation of the case and the reasons for, current situation and shortcomings, the foreign comparative reference and trial practice recommendations innovative trial mode, and put forward the cross dispute trial principle, and try to construct civil and administrative single trial mode, for the obligee to seek new relief way, hoping to be beneficial to the judicial practice.