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Study On The Trial Of Cross Cases Of Housing Property Right Registration

Posted on:2020-12-17Degree:MasterType:Thesis
Country:ChinaCandidate:L LiangFull Text:PDF
GTID:2416330611954897Subject:Law
Abstract/Summary:PDF Full Text Request
Civil administrative cross cases(hereinafter referred to as civil action cross cases)refer to civil disputes and administrative disputes arising simultaneously in a litigation case.The civil disputes and administrative disputes are related to each other in terms of legal relations,and they are the causation or premise of each other in terms of judgment results.The sensational "jiaozuo real estate case" is a typical representative.As for the handling of civil cross cases,there are no clear provisions in Chinese laws.Although there are many discussions in the legal theory circle,there is no unified conclusion.Judicial practice also has carried on the active exploration according to their actual needs,but trapped the lack of legal basis,civil and administrative litigation lawsuit system of two kinds of value orientation of different reasons,cause around the court in dealing with MinXing cross case,program choose multifarious,such cases are often caught in a cycle of two civil,administrative litigation,litigation cycle is long,low efficiency of lawsuit is the common fault of the cases,even conflicting judgments.It not only does great harm to the judicial authority,but also causes the parties' dissatisfaction with the work of the court.With the development of economy and society,the trade parties of market economy are getting closer and closer,and the administrative power is constantly expanding.As a result,more and more people's cross cases are accepted by the court.Solving the cross case of the house property right registration will provide a good model for the whole cross case.In order to solve the housing property right registration civilian line cross case,this article first through the introduction of the two cases,to guide the housing property right registration civilian line cross problem.The first chapter,through a brief analysis of the two cases,leads to the current situation of the trial of the cross cases of housing property right registration and civil practice in China's courts,the dilemma and the source of the dilemma.The second chapter explores the experience and practice of the intersectional civil cases outside China,and through the analysis and comparison of the unitary trial mode,the binary trial mode and the mixed trial mode,it looks for the way to deal with the intersectional civil cases in China.The third chapter puts forward the our country building property right registration MinXing thoughts cross case ?? system of civil litigation is one yuan trial mode,and from the theory of"administrative,civil and administrative lawsuit and civil lawsuit legal Angle discusses the system of civil litigation is one yuan trial model rationality and practical significance.The fourth chapter discusses the idea of establishing the unitary system of civil action to try thecross-sectional cases of housing property right registration,as well as the need to improve the case-filing guidance mechanism,optimize the litigation procedure,the personnel allocation of the court,and strengthen the examination of evidence.Through the above analysis,the author hopes to finally find a feasible method to deal with the cross cases of housing property right registration,so as to safeguard the judicial authority and protect the legitimate rights and interests of the parties.
Keywords/Search Tags:civil cross cases, housing property rights registration, civil litigation one yuan system trial mode
PDF Full Text Request
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