民事诉讼程序在行政与民事交叉案件中的运用——以房屋权属登记纠纷为视角-application of civil procedure in administrative and civil cross cases - from the perspective of housing ownership registration disputes.docxVIP

Abstractln the court house ownership registration dispute case, the administrative dispute and civil dispute case there is a growing trend of coincidence. Administrative dispute with civil disputes, civil disputes also contains administrative dispute. When the ownership of the house there is a dispute, the parties often tend to choose a way to administrative litigation, think registration authorities of the registration mistake violated his own property, to overturn the wrong registration; In the event that the obligee of the housing ownership certificate is to house ownership registration as evidence of confirmed its rights; As the defendants house ownership registration authority for registration for the applicant to provide only the application materials shall have the obligation to review form only, on the basis of house ownership changes between the parties for the validity of civil juristic act shall not be liable to review to defense. Together with such administrative and civil cases is the lack of laws related to the procedure specified, theory and practice to the understanding disparity on examination standards, litigation mode caused the judicial referee is not unified, even appear different from the contradiction of the judgement, which increased the litigants v. tired waste of judicial resources, also damaged the seriousness and authority of justice. Fully illustrates the house ownership registration such as the complexity and importance of research on this kind of dispute.This article is divided into five parts, the main content is as follows:The first part introduce the case. Based on the basic facts to the case introduction, put forward the dispute focus to the case and the collegial panel for the opinions and on the basis of how to deal with two aspects to the case.The second part mainly analyses of the nature of the house ownership registration. First discuss the legal nature and characteristics of the house ownership registration, that the house ow