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《Journal of Chongqing University of Technology(Social Science)》 2011-07
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New Research on the Problems of Trial of Realty Registering Cases——in a View of Interaction of Administration and Civil Laws

LI Hao1,LIAO Yu2(1.Civil and Commercial Law School,China University of Political Science and Law,Beijing 100088,China;2.School of Law,Renmin University of China,Beijing 100872,China)  
After The Torts Law of the People's Republic of China was implemented on July 1,2010 and the Law of the People's Republic of China on State Compensation Amended was enacted on December 1,2010,it is important for us to reconsider the Problems of Trial of Realty Registering Cases.It is believed in this paper that the process of realty registering is an administrative act which affirms a civil right.But the state compensation liability aroused by the wrongful registering act is a civil tort liability.Besides the relief above,the subject also enjoy the right to apply to cancel the wrongful register and resume the right one through the administrative procedure.Thus the civil and the administrative departments in courts should cooperate on the same purpose of maintenance of the exchange order in order to protect the rights and interests of citizens and legal persons.
【CateGory Index】: D923.2
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