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Research On The Improvement Of Litigation Mechanism Of Civil Interwoven Cases Of Real Estate Registration Disputes In China

Posted on:2022-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WangFull Text:PDF
GTID:2506306509476444Subject:Master of Laws (Law)
Abstract/Summary:PDF Full Text Request
With the rapid development of Chinese economy and society,the disputes over real estate increase year by year.There are a lot of administrative and civil interwoven cases in judicial practice,especially in the case of real estate registration.Theoretically speaking,there are two main problems in the registration of real estate:one is whether the administrative registration is legal;the other is the confirmation and effectiveness of civil rights and obligations,which is the starting point of solving the intertwined cases between the people and the people.For a long time,the theory circles have no clear definition of the concept of real estate registration,and have different opinions on the nature of real estate registration,and the unclear substantive law will also lead to the confusion of procedural law.Although there are some legal provisions and judicial interpretation on the litigation procedure of intertwined cases of real estate registration disputes,there are still a lot of problems in judicial practice,such as the waste of judicial resources caused by repeated litigation of the parties,the contradiction of the litigation results,etc.From the practical level,in the face of civil cases,both from the understanding,application and the choice of litigation procedures,the parties or judicial personnel may have deviations,and how to solve this kind of cases faster and more effectively in practice is the key to this paper.Therefore,from the perspective of specific cases,this paper analyzes the litigation procedures and problems of the real estate registration disputes in China,and tries to put forward corresponding suggestions.And through the real estate registration disputes and civil interwoven cases,I believe it will also have a certain reference for other civil interwoven cases.This paper consists of three parts,which are discussed respectively.The first part is the brief introduction of the case and the summary of the focus of dispute.This paper selects three different cases,but all of them belong to the scope of real estate registration disputes.By combing the facts of the case,we can roughly clarify the problems in the current litigation procedure of the interwoven cases.Furthermore,it analyzes and sorts out the above three cases more deeply,and summarizes the main disputes in the cases.The second part is jurisprudential analysis.Focus on sorting out and analyzing the main dispute focus of the case,from the three aspects of the overview and nature of the real estate registration,the procedural types of the real estate disputes interwoven with the people,and the adjudication methods of illegal real estate registration.The third part draws the conclusion of this paper based on the legal analysis of the focus of the dispute.After that,some suggestions are put forward.
Keywords/Search Tags:Real estate registration disputes, Real estate registration, Interweaving of business and people, Administrative incidental civil action
PDF Full Text Request
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