Study On The Qualification Of Plaintiff In Civil Public Interest Litigation Of Social Groups In China

In recent years,the characteristic socialist market economy of our country has been further deepened and developed,and many people have pretended to be others to go to school,received express delivery,registered the Internet with other people’s ID cards falsely in some Internet cafes,and falsely possessed other people’s private property.In numerous impersonate behavior affect the biggest and most controversial is the pseudonymous dispose of the behavior of real estate,Impostor can through various irregularities or other illegal means to steal by impostor of house property card,id card,etc.,the fake are impostors,will be impostor houses sell to sell directly to the third person and fool registration of real estate management department to complete the transfer smoothly home and change and registration,and to seek improper benefits from it.These illegal acts of impersonation by illegally using other people’s immovable property not only seriously infringed and destroyed the property right of the third party,but also brought high transaction risk and cost to the third party.Although at present our country related laws have not for such behaviour associated with implementation of law,but the domestic and foreign experts and scholars on this discussion has for a long time,the domestic and foreign experts and scholars are trying to find a solution,we can in establishing and perfecting our country current existing relevant law and regulation system on the basis of the thorough settlement of such contradictions and problems,at present has developed to form the two views: one is the experts and scholars think pseudonymous disposition of real estate shall be determined as the right to dispose behavior,advocate for good faith in civil law system.However,some experts and scholars put forward that this kind of behavior can be included in the applicable scope of the current system of unauthorized agency in China,and the system of unauthorized agency can be applied by analogy.Part of the main content in this paper,the first chapter,theory is introduced in detail for real estate legal overview of the illegal ACTS disposition and the actual execution,this paper introduces the property for the illegal ACTS of disposition,including the basic meaning of classification and the illegal ACTS related to real estate to the disposition of a basic theory of justice theory system.The second chapter,the foundation part elaborates the problems existing in the application of the impersonation punishment contract in China.The third chapter mainly introduces the provisions of impersonation in Germany and relevant applicable rules of law.The fourth chapter puts forward suggestions on the applicable rules of impersonation punishment in real estate,including the applicable rules of different specific situations,the liability and punishment mechanism of impersonation.