Commenting On The Registration In Administrative Litigation

As a most important content in real property registration, Housing registration system plays a basic role in safeguarding transaction security and real property order. At present, administrative law scholars have different views towards the nature of housing registration acts, whether it belongs to administrative law acts or quasi-legal acts. They also have differences in its classification. As a result, in judicial practice this leads to differences in dealing with cases about housing registration acts. To some degree, it is harmful to the authority of justice. The author of the thesis starts with administrative litigation practice and uses the legislative spirit based on PRC Property Rights Law to go into effect as a guidance. The author adopts research methods such as value analysis, empirical analysis, comparative analysis and linking theory with practice. By analysising the features and functions of housing registration acts and comparing the differences of administrative action, such as confirmation, permission and adjudication, the author puts forward:I. At present, put the dispute aside whether it belongs to administrative law acts or quasi-legal acts. Administrative law scholars have the consensus that housing registration belongs to administrative acts. In order to protect the security of transactions and realize the relief of litigant's legitimate rights and interests, they regard it as a specific administrative act—independent classification of administrative registration acts.II. Administrative litigation has the separately-existing significance in safeguarding the fact of housing registration,protecting litigant's legitimate rights and interests and remedying shortcoming. Housing registration acts should be listed in the scope of review of administrative litigation regardless of the effects on uselessness of housing registration administrative litigation.III. In administrative litigation, legal review principle should be regarded as a prospective line and real review mode as a bar. The reasonable doubt standard should be adopted as proof standard of evidence review to housing registration administrative acts. We should object to the view that housing registration acts in administrative litigation are universal and exclude the argument that doesn't apply to the settlement by administrative litigation. We should take review mandate of housing registration office as a boundary and carry on limited judicial review to housing registration acts. Only by doing this can its purpose of litigation be realized.