Real Property Judicial Validation Studies

Real estate registration system as one of the core content of the Property Law, as Property Changes publicity methods, plays an important role in the Changes of the Right. In the current judicial practice, in the understanding and treatment of cases identified on to others in the purchase by the ownership dispute cases and no ownership for the transfer of property rights registration of real estate, the court views are not the same, mainly has the following several points: first, part of the court should take the maintenance of property registration system as the core, before the property certificate in accordance with the relevant provisions in the absence of cancellation or change, should be based on the property right card contains the contents of the foundation, in order to better safeguard the legitimate rights and interests; secondly, there are some court held that in order to better highlight the true meaning of the law of real rights registration system, should be between evidence and investigation of related parties of civil legal relationship of entities on the right of the real right, mining production, in order to better safeguard the legitimate rights and interests of the real rights. Because of the large differences in the views of the various courts, the results of the trial court and the court of second instance are not uniform in the process of actual case handling.Through in-depth analysis and demonstration, the author believes that the process of judicial trial, on the one hand, we should be based on the nature of real estate registration, effectiveness and other aspects, on the other hand, we should pay attention to the evidence and the legal relationship of civil entities to investigate, and then clear the real property, to ensure that their legitimate rights and interests are effectively protected.Through the analysis of typical cases, this paper finds out the focus of controversy, and puts forward the problem. Through the comparison of the basic theory of real estate registration, the paper clarifies the origin and development of the theory of real estate registration in China. Specific to the judicial trial practice, real estate registration of real property registration of judicial cases involving civil, administrative two legal system, how to deal with the problem of the people, the line of cross is a major issue. This paper through the analysis of appeared people, cross cases, types of cases and the trial mode, and then elaborates the solution, that is, through the "combined" incidental litigation mode to resolve civil and cross problem, the author also by thinking in the work of court procedures, summarize some specific beneficial program method. Finally, closely linked to the opening of the specific case, through the three typical disputes solution proved to propose a solution to the problem. On the macro, the shortcomings of the registration system and improvement measures. The characteristics of this paper is to introduce the theory to practice, through the case to lead to the problem, the use of theoretical knowledge to analyze the problem, and finally return to the practice to solve the problem.