| By defining the property of public and private integration of real estate registration right,the principle of proportion is introduced as a theoretical tool for debugging,which provides a feasible path to solve the conflicts between the parties and the people in real estate registration cases.By collecting and sorting out the real estate registration cases with the conflicts between the civil and the civil in practice as sample cases and carrying out the type analysis,it is found that there are three different types of conflicts in practice: the conflict between the acquired real right in civil law and the revocation of illegal administrative registration;The inconsistency between the actual state and the registration state and the conflict between the acquisition of real right and the registration procedure of real right.The problem exposed by different conflict types is that the nature of real estate registration right is unclear.Through the analysis of the existing norms and sample cases,it is shown that the attribute of public power in the form of public determination has insufficient explanatory power and limited observation perspective under the legal background of China’s real estate registration,which is the cause of the conflicts between banks and people in real estate registration cases.The definition of the nature of private rights cannot provide systematic protection for the real right of immovable property,and is limited to the perspective of civil observation,which is obviously insufficient when dealing with civil conflicts.Through the use of theoretical tools such as the principle of unity of law and order and the cognitive model of legal function,the property of public and private integration of real estate registration right can be proved.In order to resolve the conflict,we should look for the way to solve the conflict under the framework of "the right to protect the real right of immovable property--the duty of state protection".Under the background of the implementation of the Civil Code,the administrative law needs to respond to and care for the civil law.By introducing proportion principle as a communication bridge and the link of administrative law and civil law,to the right of real estate registration compatibility,public or private property as the foundation and starting point,the fusion line,people development as the basic train of thought,on the line,the people common order security function and interactive communication as the "field",complete the transition from conflict to fusion of the development of the line,people.Based on this,we find out the function orientation of the sub-principles of the principle of proportion in the development of the line and the integration of the people.There are three applicable ways for the principle of proportionality in resolving the conflicts between the parties and the people in the real estate registration: the typed application of the rank order of the principle of proportionality;Path two,the application of the type of examination intensity;The "formulation" of the principle of path three proportionality applies.Finally,the theory based on the principle of proportionality is returned to practice.Through case verification,it can be found that the principle of proportionality can be incorporated into different types of conflicts as an effective tool to resolve the problems of civil and civil conflicts. |
