公私法双重视域下的不动产物权登记

On the Real Estate Registration in Dual Aspects of Public Law and Private Law

不动产物权登记涉及一系列公私法定位纠结难辨的问题,需要在整合行政法和民法双重知识视域的基础上明辨是非,准确归位。不动产物权登记行为是准法律行为的行政行为中的独立类型。不动产登记错误的赔偿责任是国家赔偿责任中的行政赔偿责任,是一种过错推定责任,并根据侵权行为的不同类型有数种责任承担方式。

Based on integration of knowledge horizons of administrative law and civil law,a series of problems about how to locate in public law and private law in real estate registration should be settled appropriately.Registration act is quasi legal act which is the independent type of administrative con-duct.The registration agency＇s error in registration can cause administrative liability which belongs to state compensation liability.The liability is a presumption fault liability,and has several accountability approaches which depend on different types of tort act.