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房地产登记行为具备行政行为的本质特征,在性质上属于行政行为。房地产登记错误中的侵权类型相较于《国家赔偿法》规定的传统行政侵权更加复杂,须借鉴《侵权责任法》从学理上进行分类。房地产登记错误行政赔偿应采取以违法责任为主、过错责任为辅的归责原则。不同类型的房地产登记错误的责任承担方式不同。
Real estate registration behavior with the essential characteristics of administrative acts, in nature belong to the administrative act. The type of infringement in real estate registration errors is more complicated than that of the traditional administrative infringement stipulated in the State Compensation Law. Therefore, it is necessary to draw lessons from the “Tort Liability Act” from the academic classification. Real estate registration errors Administrative compensation should be based on the principle of illegal responsibility, fault liability supplemented by the principle of responsibility. Different types of real estate registration errors in different ways to assume responsibility.