房屋登记纠纷司法审查分析-法律专业论文.docxVIP

Abstract Study on judicial review of the housing registration dispute lawsuit, it has not been clearly defined in the existing laws and judicial interpretation that the judges should choose which procedure and the order of two procedures. According to the analysis, the author thinks that the peoples court should choose the judicial mode of “administrative lawsuit separated from civil lawsuit and civil lawsuit behind administrative lawsuit”. Part IV: The standard of registration review of housing registration. Based on the analysis of a class of cases in recent years which have two distinct different review results, the author has presented three views on the review standard of housing registration: the theory of formal examination, the theory of substantive examination and the theory of legal review, and pointed out that the housing registration office should adopt the method of formal examination. Part V: The liability allocation of housing registration infringement. Frequent housing transactions are easy to make mistakes in housing registrations, and because the sum of house property transaction is very large, little oversight will cause greater controversy. In this paper, the author analyzed the nature and circumstances of compensation for registration damages, and illuminated the methods of the liability allocation of administrative registration infringement. Registration system is the basis of the real estate legal system. The establishment and improvement of the real estate registration system is an important part of the social legal system in China. This paper analyzed and improved the housing registration system, which will facilitate the housing registration office to fulfill legal obligations, protect the legitimate rights and interests of rights holders, promote the healthy development of the real estate industry, and advance our sustained and steady economic growth. Key Words: Housing registration; Intertwine between civil and administrative laws