Research On The Litigation Procedure Of The "intersection Between Civil And Administrative" Cases Of Real Estate Registration In My Country

The system of real estate registration which plays a vital role in both maintenance of real estate' trade order and supervision of real estate,is stipulated in the civil legal norms and administrative legal norms respectively in China.Meanwhile,due to the registration with dual attributes of public and private law there are often overlapping cases of civil disputes and administrative disputes.These cases are not only related to each other in the legal relation,but also presuppose each other in the adjudication result,which leads to a lot of disputes in the judicial practice.The content of this paper takes the choice of contentious procedures which is "Civil and Administrative Intersection " of the real estate registration in China as the research object.Through the statistical analysis of the cases in judicial practice,we can find that such cases mainly exist the following problems: confusion of legislative provisions in contentious procedures,complex procedures lead to inefficiency,the purpose of the proceedings is difficult to achieve and conflict judgement undermine judicial authority.Through further analysis of the causes,we can notice that these problems are caused by the factors which are nature of the contested registration act,criteria for different review principles and divergence of public power on registration.In this paper,there are the following views that registration is an act with dual attributes of public and private law,verification of real estate registration based on the applicable form review principle,and the Theory of Public Determination of Administrative Acts is not applicable to the act of real estate registration.Therefore,to solve these problems,the following improvements can be made in practice: First of all,we should make it clear that the Principles for Judicial Convenience and Trial Outcomes' Harmonization to be followed in the administration of justice.Secondly,it is necessary to establish the dual trial mode of administrative litigation and civil litigation.Finally,the establishment of supporting systems in the relevant proceeding,which are mainly including the establishment of a unified filing guidance system and specialized collegiate panel,improvement of the Evidence Review System in civil Litigation and introduce the Third Party of Administrative Organs.Except for the introduction,this paper is made up of the following four chapters.The first chapter introduces the status of the contentious procedure selection about "theCivil and Administrative Intersection" cases of real estate registration in China,and summarizes some problems that often occur in practice.The second chapter analyzes the problems in current proceedings about the "the Civil and Administrative Intersection " cases of real estate registration in China,and summarizes the reasons for the problems.The third chapter theoretically analyzes the essential causes of the problems based on following three aspects,which are Theory of Public Determination of Administrative Acts,attributes and review principles of real estate registration,and takes the conclusion as the theoretical basis of improved path.The forth chapter based on the conclusion of theoretical analysis,this paper throw out some advice for the amelioration in response to existing problems,which is the Civil and Administrative Intersection cases' contentious procedure of real estate registration in China.