The Handling Of Civil Andadministrative Crossover Cases Caused By Real Estate Registration Disputes

The cross of the administrative and civil law cases refer to what the civiland administrative appear in the same time, disputes are involved implicatedin composition of legal facts, and the results are interacting. In the trial ofrecent year, especially in the case of registration of real estate disputes, hugenumbers of such cases appeared. Since the absence of a legal basis， thespecific operation of each court varies, different theoretical circles thisargument. This situation not only affects the unity of justice and reduces theefficiency of the trial, make the parties constantly back and forth between thecivil and the administrative proceedings, then the parties complainedincreased. Therefore, in the field of theory and practice, to explore moreefficient and convenient mode of trial are of great significance.This article includes introduction, five parts of body part and conclusion.The introduction presents the topic of this article in the background andreason The first part starts from a typical cases and analyzes the concept,manifestations, characteristics and cause of the cases, clarify the currentsituation and the plight of trialsThe second part Analysis of the nature and effectiveness of real estateregistration reveals the dual properties of real estate registration andcharacteristic form of examination, to pave the way to explore the root causes.The third part by analyzing the differences between real estateregistration and basic act summed up the root causes of such cases.The fourth part discusses various trial modes of domestic or abroad, andanalyzes its pros and cons.The fifth part combined with China’s actual, proposed a civil “Unitary” trial mode concept, and propose specific system constructions. The executivepower and judicial power can be rational division of labor, to solve such casesbetter.The conclusion is the holistic summary of the whole article.