Research On The Proceedings Of The Case Of "Civil And Administrative Crossover" In The Registration Of Real Estate

The basis for judging the ownership of real estate is the registration of basic civil legal relations.Therefore,disputes arising from the ownership of real estate should belong to the category of civil disputes and civil proceedings should be applied.However,China's Property Law clearly stipulates that,except as otherwise stipulated by law,changes in the right to immovable property must be registered in accordance with the law to take effect.The registration of real estate rights is handled by the registration agency of the place where the real property is located,and the registration is an administrative legal act.It is based on the above understanding that the litigants and the people's courts believe that the registration of real estate rights has the power to confirm the rights.If the right holder recorded in the registration of the real property rights is inconsistent with the actual right holder,the administrative registration act is illegal and the administrative procedure should be applied to cancel the registration.How to choose the litigation procedure to solve the registration of real estate rights quickly and completely is a difficult problem in judicial practice.This article discusses how to choose the litigation procedure for the registration of real estate rights in China,and hopes to provide a better solution to judicial practice.This article consists of five parts.The first part introduces the litigation procedures applicable in the settlement of the case of "civil and administrative crossover" in the registration of real estate rights,and classifies and counts each type of litigation procedure.The second part summarizes the various problems in the operation of the proceedings of the case of "civil and administrative crossover" in the registration of real estate rights.The third part analyzes the problems existing in the operation of the proceedings from the legal nature of the registration of real property rights and the current legal provisions of China.The third part begins with the legal nature of the registration of real property rights and the current legal provisions of China,and then analyzes the causes of the problems in the operation of the proceedings.The fourth part analyzes the optimization basis of the litigation procedure of the case of "civil and administrative crossover" in the registration of real estate rights.It mainly includes three aspects,including the registration of real estate rights belongs to the compound behavior of private law attribute and public law attribute;the registration of real estate rights is a registration act made after formal examination,it does not have a public authority:private property rights registration behavior produces private law effects.The fifth part specifically proposes the optimization path of the litigation procedure of the case of "civil and administrative crossover" in the registration of real estate rights.The choice of various litigation procedures is not the result we want.It is the goal we pursue to help the litigants quickly and completely solve the litigation procedure of the case of "civil and administrative crossover" in the registration of real estate rights.Through the discussion of practice and theory,this paper argues that the disputes caused by registration reasons are civil disputes and should be settled by civil procedure;the disputes caused by registration behavior are administrative disputes and should be resolved by administrative proceedings.The two procedures are independent of each other.At the same time,the people's court should establish a system for the interpretation of judges and the unified guidance of cases.The judge guides the litigants to choose the correct litigation procedure when handling the case of the registration of the real estate rights,and reduces the unnecessary litigation of the litigants,so as to achieve the purpose of completely solving the registration dispute of the real estate rights at one time.The innovation of this article is that the research method is different from other scholars.I search for a large number of judicial cases,then analyzes the data and summarizes the problems in the operation of the proceedings.Secondly,the research perspective of this article is different.This paper starts from the fundamental problem of the nature of' the registration of real estate rights,breaks the traditional theory of administrative action,and proposes a path to optimize the litigation process for the settlement of the case of "civil and administrative crossover" in the registration of real estate rights.