《物权法》第二章对不动产登记作出专门规定,但由于其规定过于原则化,且不动产登记错误引发的法律关系错综复杂,因此在实践中不动产登记诉讼的局面混乱。对此,本文首先肯定登记行为是行政行为:随后提出登记行为本身产生的行政法律关系,以及伴随产生的民事法律关系的交织,在司法救济中应采取民先行后的审理模式:在审查标准上采取形式审查为主,实质审查为辅的方式;针对因登记错误导致当事人损害的情况下应当采取国家赔偿责任与民事赔偿责任相结合的方式,从而保护当事人的合法权益,并致力从微观层面完善我国法律体系和法治建设。 Chapter II of the Real Right Law makes special provisions on the registration of real property. However, due to the principle of excessive regulation and the complicated legal relationship caused by the mis-registration of real property, the situation of real estate registration litigation in practice is confused. In this regard, this article first affirmed that the act of registration is the administrative act: Then the administrative legal relationship arising from the act of registration itself and the interweaving of the civil legal relations that accompany it are put forward. In the case of judicial remedy, To take the form of the main review, the substantive examination supplemented by the way; for registration errors caused by the parties to the case of damage should be taken by the State Compensation liability and civil liability for the combination of ways to protect the legitimate rights and interests of the parties, and is committed to improving from the micro level China’s legal system and the rule of law.