On The Case Of Zhao V. A District Government For A Administrative Decision Of Revoking The State-owned Land Use Certificate

In the existing system of China, there are great differences in expropriation compensation standards and expropriation procedures between state-owned lands and collectively-owned lands. In the expropriation process, the decision of revoking "State-Owned Land Use Certificate" made by administrative organs can influence the parties involved significantly, and it triggers many disputes by the current jurisprudential circle and practice circle. The research on such cases can provide references to the handling of similar cases by the court and prevent and reduce contradictions between administrative organs and counterparts, thus facilitating the clarification of the legal nature of real estate registration acts as well as the improvement of the real estate registration system.In this case, the government of some district found that the land status of the "State-Owned Land Use Certificate" possessed by the counterpart belongs to the collectively-owned land, so it makes the administrative decide to revoke the "State-Owned Land Use Certificate". In the handling process of this case, both parties carried out fierce discussion about whether the legal nature of the real estate registration act and whether the revocation of'State-Owned Land Use Certificate" by the district government are legal, and whether the direct loss compensation has protected the reliance interests of the counterpart. Land-centered real estates are in the basic status of the social resource allocation. Real estates are adjusted jointly through the mutual interlacing and interaction between the public law and private law. Although real estate registration is regulated in the property law, the regulation of property law also includes the public law standards. The public law attribute of real estate registration is an essential and fundamental attribute of its own, and the real estate registration act is considered as an administrative act. Legitimate review is the basic principle of administrative proceedings. Seen from the perspective of legitimacy review, the administrative decision of revoking the "State-Owned Land Use Certificate" by the district government is an error correction act which is legal. This administrative decision also does not conflict with legal theories of administrative acts having the determinative power. Property protection should be available for the reliance interests of counterparts, that is to say, after revoking the "State-Owned Land Use Certificate", the losses of counterparts should be compensated. The compensation standard of reliance interest losses should not be limited to direct losses, instead, the compensation standard not higher than losses of expectation benefits should be established. The improvement of the administrative revocation right system and reliance interest protection system in real estate registration has great significance in promoting the law-based administration by administrative organs, the protection of legal interest of counterparts and the construction of social harmony.