Perfection Research On Litigation System Of The Real Estate Disputes With The View Of Property Transfer Pattern

The characteristics of civil and administrative overlapping procedures in real estate disputes make it possible for the civil procedure and administrative procedure to cross each other in judicial practice.It has resulted in repeated litigation,conflicting results and other issues.The root of these problems lies in the fact that China has not established a property transfer pattern which is compatible with the whole civil legal system and harmony with politics,economy and culture.The Property Law avoided the legislative choice of property transfer pattern.It causes confusion in substantive law,and confusion in substantive law will inevitably lead to confusion in procedural law.Tracing back to history,since the founding of the People's Republic of China,every changes in property transfer pattern make changes in the litigation system of real estate disputes.Moreover,every element of property transfer pattern has an important impact on the litigation system of real estate disputes.Property transfer pattern is closely related to the litigation system of real estate disputes.Since the end of the Qing Dynasty,Chinese law has inherited the German law of the continental law system,and constructed the civil law system on the basis of legal acts.Only by adopting the formalism of real right can it be compatible with the whole civil law system.In addition,the principle of non-cause does not apply to the environment in China,the protection of bona fide third party system can completely replace it.Therefore,establishing the causality formalism of real right is the right choice of property transfer pattern in China.After establishing the causality formalism of real right,the judicial practitioners can clearly solve the substantive rights and interests of real estate,such as the validity of creditor's rights and the ownership of real property rights,through civil litigation,and solve the legitimacy of real estate registration through administrative litigation.Starting from the real right action theory,this article analyzes types of property transfer pattern and their value orientation.Then it introduces real estate disputes and the litigation system of real estate disputes,and explores the problems existing in the litigation system of real estate disputes and the root causes of these problems.Finally,it expounds the right choice of property transfer pattern in our country,and through analyzing the influence of various elements of property transfer pattern on the litigation system of real estate disputes,draws a conclusion that the establishment of property transfer pattern of the causality formalism of real right can straighten out the litigation system of real estate disputes in our country.