中国不动产物权登记的法律适用 : 以他人名义购房引发的思考

In recent years, due to the macro-control of the real estate made by Chinese government, a series of legal issues related to property registration system of real estate when people purchasing real estate in the name of others has became a hot issue in the judicial trial. Meanwhile, people who are doing the housing registration are usually inconsistent with the real rights holders. That makes property disputes gradually been concerned by the whole community in China. This article makes statements about the legislation of property registration of real estate, application of real estate property registration in judicial registration system, judicial examination system of property registration, as well as judicial rules about ownership disputes when people purchasing real estate in the name of others with legal theoretical analysis and operation details in judicial practice. Especially, this article focuses on the registration examination system and related contents, such as methods of registration examination system, legal nature of registration, judicial examination registration by authorities, right relief for the wrong registration by parties, etc. From the perspective of protecting the interests of real housing rights holders, this article hold the view that, when dealing with similar cases like the party has sufficient evidence to claim being the real property holder in the judicial practice, the court should make efforts to exam both evidence and civil legal relationship ,combing with the theoretical analysis mentioned above to determine the final real property owner, in order to protect the legitimate interests of the rights holder.