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行政机关应对违法具体行政行为给行政相对人造成的现实损害承担赔偿责任,这是行政赔偿诉讼的基本要义。而在存在其他侵权行为人和房地产登记部门的混合侵权行为中,房地产登记部门与其他侵权行为人应当共同对损害后果承担赔偿责任。但在对受害方的赔偿方式既符合刑事诉讼附带民事赔偿要件,又符合行政赔偿诉讼要件的情况下,当事人应如何选择,以及如何确定该种混合侵权行为中违法行政机关和其他侵权行为人的责任分担问题,较为复杂,需要具体分析辨别。本文结合案例,分析了房地产错误登记的行政赔偿依据、赔偿标准、赔偿责任分担三个问题,对于今后此类案件的审理有着积极的意义。
The administrative organ should bear the liability for compensation for the actual damage inflicted on the administrative counterpart by the specific administrative act illegally, which is the basic meaning of the administrative compensation lawsuit. However, in cases of mixed infringement with other infringers and the real estate registration department, the real estate registration department and other infringers should jointly compensate for the damage. However, in the case that the compensation method for the aggrieved party is both in line with the civil compensation element attached to the criminal procedure and meets the elements of the administrative compensation lawsuit, how should the parties choose and how to determine the illegal administrative organ and other tortfeasors in the mixed infringement act The problem of responsibility sharing is more complex and requires specific analysis and identification. Based on the case studies, this article analyzes the three issues of the basis of administrative compensation, the compensation standard and the sharing of compensation responsibility, which have positive meanings for the trial of such cases in the future.