An Analysis On Wang Sues Housing Administration Of Housing Registration Dispute

In administrative case of housing registration, the problems of the reviewstandards, the application of the system of Bona Fide Acquisition, the treatmentmethod of administrative and civil cases etc., has attracted concern of academiccircles and judicial practice. There is no clear rules for the review standard ofregistering agency is take the form of formal examination or substantive examinationin China’s real right law, which cause the debate of formal examination andsubstantive examination. In the view of legal logic, registration credibility, the lack ofouter guarantee mechanism in our country, it should adopt the way of substantiveexamination. But there are some difficulties in the realization of substantialexamination because the constraint of actual conditions, such as legitimate authorityof registration structure, positional power and economic factors. Therefore，in thecurrent situation，the registration authority can only take the standard of substantiveexamination and functional examination. In the judicial practice, often appears thedetermination of civil legal relationship in administrative litigation, We lack a clearlegal basis to deal with cross of administrative disputes and civil disputes, so thejudiciary is relatively chaotic. The key to hear the trial of civil and administrativecases is to clarify the trial thoughts, and how to make decision to suspend the trial ormerge the trial combined with the specific circumstances of the case. Whether falseaction can be in accordance with bona fides acquisition controversy long been acontentious issue. False action can not be in accordance with bona fides acquisition.Fist register error is the precondition of bona fide acquisition, but false action did notappear the immovable property register registration errors. Second, the "goodwill"originate from the trust on register. The "goodwill" of false action is to believe thatthe other is "the appearance of the main" rather than "right appearance",...