Two, analysis
　

  This invention relates to a civil and administrative disputes and civil disputes parataxis problem. Correctly handling this kind of case, must grasp the nature of the housing property registration and visa cases should follow the principle of legality review.
　

                               (a) about the nature of real estate registration

  Trial registration of property cases, we must first understand the nature of real estate registration. China's "real estate management law" the fifth chapter provides: "the state land use rights and housing ownership registration certification system....... A house is built on the land in the development of real estate obtained according to law, shall be based on land use rights certificates to apply for registration of real estate management departments of the local people's government at or above the county level, to the real estate management department of the people's government at or above the county level shall verify and issue the certificate of property ownership". Can be seen from the above provisions, property registration is people's governments at or above the county level real estate registration organ shall for the parties, a specific administrative act shall be documented in accordance with statutory requirements of the housing property. Real estate registration has the following characteristics: first, real estate registration is an administrative act of real estate registration organs to implement the administrative functions in accordance with the "real estate management law"; second, the real estate registration is should apply for administrative action for. Real estate registration organ shall actively, can only be passive function; third, real estate registration is the restriction of administrative behavior. Real estate registration authority for registration of the applicant is given, no discretion, application which meets the statutory conditions, real estate registration organs must accept the case according to law and shall be registered, does not meet the statutory conditions of application, shall refuse to register; fourth, real estate registration is the content of the corresponding property rights. Thus we find differences, real estate registration of the administrative registration and other administrative acts, in itself not empowerment behavior, not create new rights, obligations, after the registration is only effective publicity and public trust. Through the registration, the public can query, understand the relevant situation of right, in order to guide their behavior. Real estate management law stipulate the registration system, its purpose is to regulate the real estate management order, safeguard the legitimate rights and interests.
　

                     (two) review the legality of real estate registration cases should follow the formal examination principle

 Real estate registration authority to review the application of the parties, whether it shall be registered or not, depends on the application of the parties whether it meets the conditions prescribed by law. Generally speaking, real estate registration should be the application of the parties, the form of review only for the parties to submit the application materials, in line with the form of the statutory conditions, which is to be registered, as for the parties to apply for registration of property rights is legitimate, the relevant facts are true is not in the review. Investigate its reason, is mainly decided by the nature of real estate registration. Because the real estate registration itself does not create right, real estate registration authority accepts the request of the applicant, but the parties have made property rights were written, rather than on the parties and interested persons to right or rights award. Therefore, as the applicant to the real estate registration authority submitted application materials should be legal in form, content is true. But the law stipulate the form of review, which is based on the presumption of the applicant is a kind, sincere, the application materials submitted are true, legitimate. If the registration of property rights is controversial, but also must be solved by a declaratory judgment action.

   Because the real estate registration authority for registration of property, the law requires the form of review, and when the registration real estate registration authority by the prosecution to the court, the court of real estate registration registration act authority should also follow a formal examination, no substantive examination on the relationship between the civil substantive law between the parties, as long as the real estate registration authority can prove that the applicant meets the statutory conditions and procedures, legal, the real estate registration act is legal. Even the appearance of form of law, property rights are not true or false, the responsibility should be the responsibility of. The applicant has provided legal form, property real material obligations to the real estate registration authority, its truth or falsity of material property registration authority for registration, due to the lack of factual basis and legal, shall be confirmed as invalid. And real estate registration authority to apply for the applicant is limited to the form of review, the only effect of publicity and public trust, which itself is not right, therefore, should not be responsible for the liability of real estate registration, the real estate registration censorship requirements can not be too demanding.
　

                                (three) the processing opinion on this case

  The above analysis of the nature of real estate registration and examination of the legality principle, in the handling of such cases, should follow the principle. In this case, because of differences in the examination of the legality principle, resulting in two different opinions of the examination. The first view, the case must check the housing property is the plaintiff, third people are common, or third of all individuals, only housing ownership of property right clear, to determine whether the defendant's legitimate certification behavior. The second view, according to the plaintiff's petition, scope of judicial review in administrative litigation should be limited to the individual behavior whether accord with the statutory conditions and procedures, between the plaintiff and the third party property disputes should be through civil litigation, to confirm the ownership of the building law, law review, property rights do not belong to the scope of judicial review in administrative litigation. Agree with the second review comments. Legality of real estate registration cases, should follow the formal examination principle, we have made analysis, not repeated here. Just imagine, if according to the first view, examine the between the plaintiff, third human rights, in the trial procedure and the application of the law, is bound to review in accordance with the civil procedure, civil substantive law, by the certification review the defendant to the plaintiff and the third party review of housing property disputes, this will result in administrative litigation and civil litigation chaos, is beyond the scope of judicial review in administrative litigation. This opinion is not desirable.

   In this case by the court of first instance trial, defendant replacement facts are clear, the legal procedure, the change of license in accordance with the law, to maintain the defendant issued to third people a real card No. 970116th housing all of the judgment. The plaintiff refuses to accept, appeal, the trial court upheld the verdict, and the core problem of the plaintiff and the third issues, namely the ownership housing ownership, notify the plaintiff to file for judicial relief.

  This association is similar to this kind of case, the core of the problem is the housing property ownership, and the essence of the problem, in between the plaintiff and the third people, there is no substantial controversy between the plaintiff and the defendant, even if the court to revoke the defendant issued to third people of the housing ownership certificate, between the plaintiff and the third party property disputes still not to be solved, but also through civil litigation decision attribution. In order to avoid the detours, the prosecution case, we should guide the parties through civil litigation to solve the housing ownership disputes, determine the ownership of the building, when necessary, then the administrative litigation. So, not only can solve the property dispute between the parties, but also can reduce the parties v.tired, play a good legal effect and social effect.