Judicial Review Standards On Cases Of Real Property Registration

It is promulgated the "property law" of the people’s Republic of China madeclear provisions on the registration of real property agency reviewresponsibilitiesin.The court should use what standard of review to the fair, impartialtrial registration of immovables case? This is the core issue of this paper tries tostudy.Firstly, it is necessary to establish the judicial review standard registration case.The registration of real property concept, feature, effect are analyzed. Then, startingfrom the theoretical level, the nature of the real estate registration not behavior areanalyzed。At present there are three main points: public law action, the civil lawbehavior and both said. No real estate registration properties should belong toadministrative behavior of public law.The court in the trial of real property registration administrative cases for therelevant evidence submitted by the administrative organ for examination, should usewhat standard of review? Should be the substantive examination standard? Should bein the form of review standards? In detail the problem.And then expounds theestablishment of the judicial review standard of registration the meaning of the case.After the registration problem and reasons of judicial review are analyzed. Then thesolution to the registration of real property in judicial review of the problems indetail.In the registration of real property disputes, processing on the civiladministrative intersection problem for the civil dispute: Based on real propertyownership dispute, the parties to resolve through litigation; for the parties to theimmovable objective situations and other issues have suspected, can through theadministrative procedure, the administrative tribunal. The trial.And then expounds the establishment of immovable property registrationstandard of judicial review cases from the aspect of theory. The registration of realproperty in the case of standards for judicial review of administrative acts, refers topeople’s court must follow in the judicial review of administrative act is legal scale。So what is the specific administrative acts of the standard? According to the provisions of China’s administrative procedure law article fifty-fourth, the specificadministrative act of the standards: the evidence is sufficient, the correct applicationof laws and regulations, in accordance with legal procedures, no breach of privilege,not exceeding the authority.Property registration case judicial review standard is: the specific administrativeact of administrative subject make the evidence really fully, applicable law is correct,whether or not in compliance with the statutory procedures, the existence of breach ofprivilege, excess of authority, whether there are any problems do not perform theirstatutory duties. The court in the trial of real property registration administrative casesshould be how to determine whether the evidence is sufficient? How to determine theapplicable law is correct? How to judge whether or not in compliance with thestatutory procedures, the existence of breach of privilege, excess of authority, whetherthere are any problems do not perform their statutory duties? To solve these problems,the establishment of the registration of real property in the case of the standard ofjudicial review is necessary.So what is the specific administrative acts of the standard? According to theprovisions of China’s administrative procedure law article fifty-fourth, the specificadministrative act of the standards: the evidence is sufficient, the correct applicationof laws and regulations, in accordance with legal procedures, no breach of privilege,not exceeding the authority.Finally, the author put forward on how to construct such as perfect put forwardthe expectation of real property registration system.