Civil Procedure In The Application Of Administrative And Civil Cases

ln the court house ownership registration dispute case, the administrative dispute andcivil dispute case there is a growing trend of coincidence. Administrative dispute with civildisputes, civil disputes also contains administrative dispute. When the ownership of the housethere is a dispute, the parties often tend to choose a way to administrative litigation, thinkregistration authorities of the registration mistake violated his own property, to overturn thewrong registration; In the event that the obligee of the housing ownership certificate is tohouse ownership registration as evidence of confirmed its rights; As the defendant’s houseownership registration authority for registration for the applicant to provide only theapplication materials shall have the obligation to review form only, on the basis of houseownership changes between the parties for the validity of civil juristic act shall not be liable toreview to defense. Together with such administrative and civil cases is the lack of laws relatedto the procedure specified, theory and practice to the understanding disparity on examinationstandards, litigation mode caused the judicial referee is not unified, even appear different fromthe contradiction of the judgement, which increased the litigant’s v. tired waste of judicialresources, also damaged the seriousness and authority of justice. Fully illustrates the houseownership registration such as the complexity and importance of research on this kind ofdispute.This article is divided into five parts, the main content is as follows:The first part introduce the case. Based on the basic facts to the case introduction, putforward the dispute focus to the case and the collegial panel for the opinions and on the basisof how to deal with two aspects to the case.The second part mainly analyses of the nature of the house ownership registration. Firstdiscuss the legal nature and characteristics of the house ownership registration, that the houseownership registration is a quasi legal behavior; Secondly puts forward the house ownershipregistration administrative and civil cases processing difficulty is registration authoritystandard of review, obtained the registration authority shall review standard is review reviewform rather than substance.The third part is mainly for house ownership registration line civil substantive law analysis to the crossing. First of all, analyses the connotation and characteristics of this kindof dispute. Secondly analyzes the disputes caused by the difficult problems in theory andpractice. The last line reflects on the registration of house ownership in China civil cross casespresent situation of legislation and judicial interpretation.The fourth part is for house ownership registration line people cross cases analysis of theprocedural law. First introduced the domestic for the settlement of such disputes litigationmode and its reasonable place is different, through the comparative analysis found that severalof insurmountable defects of litigation mode, and Based on the the analysis of the commentsof the collegial panel in this case two, points out the two kinds of processing opinionunreasonable places and possible problems. Thus raises the civil procedure to solve this typeof dispute.The fifth part puts forward the civil procedure to solve the disputes, theoretical basis andbasic operational procedures and evidence of civil procedure to solve the dispute review rulehas carried on the elaboration.