Provisions On Issues Concerning Housing Registration Cases

Highest in People's Republic of China

Supreme People's Court on trial

November 5th, two

In order to correctly hear housing registration cases, according to the people's Republic of China

Article 1 if a citizen, a legal person or any other organization refuses to accept the administrative actions or corresponding omission related to matters relating to the registration of the housing registration institution and the matters related to inquiries, duplication of registration materials, etc., the people's court shall accept the case in accordance with the law.

The second housing registration institutions shall not accept the registration of housing according to the legal documents of the people's court or the arbitration commission or the letter of assistance from the competent authority and the decision of the people's government's collection. If the citizens, legal persons or other organizations refuse to accept the administrative proceedings, the people's court shall not accept it, but citizens, legal persons or other organizations consider that the registration is inconsistent with the contents of the relevant documents.

If the housing registration institution makes changes in the contents of registration, replaces the ownership certificates, registration certificates or renewing registration books, citizens, legal persons or other organizations refuse to accept administrative proceedings, and the people's courts shall not accept them.

The people's court refuses to accept the housing registration act made by the housing registration authority before the enforcement of the administrative procedure law, and the citizen, legal person or other organization refuses to accept the administrative proceedings.

Third citizens, legal persons or other organizations who refuse to accept administrative proceedings against housing registration shall not be affected by the following circumstances:

(1) loss of housing;

(two) housing registration has been changed by the registration authority.

(three) the effective legal document takes the housing ownership certificate, the housing register or the housing registration certificate as the evidence of the conclusion.

The fourth housing registration institutions shall handle the pfer of houses for the debtors, and the creditors are not satisfied with the proceedings.

(1) the creditor's right of housing as the subject matter has been registered for advance notice.

(two) the creditor is the mortgaged party and the house is pferred without his consent.

(three) the people's court has imposed the enforcement measures on the houses according to the creditors' application and has informed the housing registration organizations.

(four) the staff of the housing registration organization collude with the debtor.

Fifth when the same house is pferred for several times, the original owner of the house and the original interested party bring an administrative lawsuit to the first pfer registration. The people's court shall accept it in accordance with the law.

If the original owner of the house or the original interested party brings an administrative lawsuit to the first pfer registration and subsequent pfer registration, the people's court shall accept the case in accordance with the law. The people's court dismissed the plaintiff's claim for the first pfer registration action, or if the protection of the third party of the good faith against the earlier registration of the house was illegal, it should decide to dismiss the plaintiff's prosecution of subsequent pfer registration.

If the original owner of the house or the original interested party has not brought an administrative lawsuit on the first pfer registration, and the administrative proceedings have been instituted against the subsequent pfer registration, the people's court shall not accept it.

After accepting the housing registration administrative case, the Sixth People's court shall notify the following interested parties who have not prosecuted as the third party to participate in the administrative litigation.

(1) the right holder specified in the housing register;

(two) the holder of the objection registration, correction registration and advance notice registration.

(three) other interested parties identified by the people's court.

The seventh housing registration administrative cases shall be under the jurisdiction of the people's court where the housing is located, but one of the following circumstances may also be controlled by the people's court where the defendant is located:

(1) requesting the housing registration authority to perform the functions of house pfer registration, enquiry and duplication of registration materials;

(two) lodge an administrative lawsuit against a house registration institution for collecting property certificates;

(three) administrative proceedings shall be instituted for the administrative reconsideration to change the registration of houses.

The Eighth Party shall take administrative proceedings against the housing registration act as the reason for the invalidation or revocation of the civil legal relationship which is the basis of the housing registration act, which is invalid or should be revoked. The people's court shall notify the parties concerned to solve the civil dispute first, and the civil dispute shall not be counted in the time limit for administrative litigation during the handling of the civil dispute; if the case has been accepted, it shall decide to suspend the proceedings.

The ninth defendant has the burden of proof on the legality of the house registration.

If the defendant keeps the original evidence, he shall produce it in court.

If the defendant does not keep the original, it shall submit copies, copies and instructions consistent with the original verification of the original.

If the parties raise objections to the above evidence submitted by the defendant, they shall provide corresponding evidence.

Where the tenth party is lawfully registered, the people's court shall decide to dismiss the plaintiff's claim.

The eleventh is the alleged housing registration behavior involving multiple rights subjects or housing can be divided, some of the main body or the registration of housing should be revoked, the judgment can be partially revoked.

The house registration is illegal, but the behavior has been changed by the registration institution, and the decision confirms that the action is illegal.

The registration of a house is illegal, but if the decision is revoked, it will cause serious losses to the public interest or the house has been acquired in good faith by third persons. The judgment confirms that the defendant is in violation of the law and does not cancel the registration.

The twelfth is that the applicant provides false materials for the registration of the house, causing damage to the plaintiff, and the housing registration institution fails to make reasonable and prudent responsibilities. It should bear the corresponding liability for compensation according to the extent of its fault and its role in the occurrence of the damage.

Thirteenth housing registration agencies and third malicious collusion illegal registration, infringement of the legitimate rights and interests of the plaintiff, housing registration agencies and third people bear joint and several liability.

The fourteenth judicial interpretation made by the Supreme People's court is inconsistent with the present Provisions.