析房产登记行为纠纷的审查处理——兼议民事与行政交叉问题的解决

An Analysis of the Handling of Disputes in Real Estate Registration Behaviors——Also on the Settlement of Civil and Administrative Cross-Cutting Issues

通过归纳司法实务中涉及房产登记行为的纠纷种类,分析房产登记行为本身性质,借鉴域内外对民事争议和行政争议交叉问题处理的主要方式与原则,解决所涉案件的民事和行政问题。提出"除少数起诉登记不作为、登记行政赔偿等类型案件外,其余绝大多数涉及当事人之间私权利的案件均可通过民事诉讼予以解决"的观点,并就此解决方式的必要性、现实性和可行性进行了粗浅的论证。

Property registration activities relate to multiple civil and administrative issues, which have caused different understandings in the theoretical circle and varied handling in judicial practice, affecting the unity of the legal system and the referee’s credibility. The article attempts to resolve the civil and administrative problems by summarizing the disputes in judicial practice acts relating to property registration, analyzing the nature of real estate registration act, and learning from the disposal methods principles adopted at home or abroad about civil disputes and administrative disputes in cross-cutting issues. It is argued that except for a small number of cases such as void registrations and registrations for executive compensation, the remaining vast majority of cases involving private rights between the parties may be resolved through civil action.