不动产登记中行政与民事纠纷交织的解决路径

Solving path of interweaved administrative and civil disputes in real estate registration

在不动产登记案件中,既涉及民事纠纷又牵扯行政纠纷的例子可谓屡见不鲜。对该类案件的处理,民事与行政审查的侧重点不一,司法实践者对此也各执己见,使得不动产登记纠纷案件审判结果迥异,降低了审判效率。为节约司法资源,提高司法效率,很多学者提出民行一并审理的提议,《行政诉讼法》第63条第1款也应运而出,提出在审理行政案件时可以一并审理民事纠纷。该条款似乎想结束这种混乱的现象,但是能否起到预期效果尚未可知。根据不动产登记的性质分析不动产登记行为的可诉性,从行政诉讼与民事诉讼的审查范围、程序设置、审判效果等方面分析行政与民事纠纷交织案件合并审理的弊端,并提出审理该类案件时应把握的原则及救济措施。

In the cases of real estate registration,examples both involved civil dispute and administrative dispute can be often seen. When dealing with such cases,the emphases of civil or administrative examination are different,and judicial practitioners have different view points. It makes widely different trial results of dispute cases of real estate registration,and weakens the trial effectiveness. In order to save judicial resources and improve judicial effectiveness, many scholars put forw ard proposals of combined trial together. And the Clause 1 of Article 63 of the Administrative Procedure Law is proposed accordingly,which regulates that the civil dispute can be tried together in administrative cases. It seems that the term is intended to end the phenomenon of chaos,but whether it will have enough desired effect is still uncertain.The justiciability of activity of real estate registration is analyzed from perspective of nature of real estate registration. The disadvantages of combined trial of cases of interweaved administrative and civil disputes are analyzed from aspects of examination range,procedures,trial results,etc. The principles and relief measures of trail of this kind of cases are brought forward.