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在“物权登记成立”制度和现行行政登记体制之下,房地产物权民事纠纷往往伴生同权属登记机关之间的行政争议,发生这些关联的事实原因在于物权登记瑕疵的发生,法律原因在于房地产物权登记行为具有民事和行政的双重法律效力。房地产物权纠纷中行政与民事的关联诉讼的审理模式不应简单划一,而应因关联类型的不同而有所差异。重合型关联宜采用行政附带民事诉讼方式由同一审判组织一并审理;一般性关联诉讼应当分别审理,先解决前提性争议。
Under the system of “the establishment of real right registration” and the current system of administrative registration, the civil disputes over the real property rights are often accompanied by administrative disputes among the competent authorities of the same ownership. The factual reasons for these connections lie in the occurrence of defects in the registration of real rights, The legal reason is that the registration of real property rights has the dual legal effect of civil and administrative. The adjudication mode of administrative and civil litigation in real property dispute should not be simple and simple, but should be different due to the different types of association. Coincidental associations should adopt the administrative adjudication of civil lawsuits by the same trial organization. The general related lawsuits should be handled separately and the precondition dispute resolved first.