Study On The Land Registration System In China

Land is the most important resource which the human being suvive by.How to protect the land tenure or land interests is a basic task for government.That is why the land registration system exist.Land registration is the process of recording legally recognized interests (ownership and/or use) in land, whose purposes are secure land right and efficient land market. The emphasis of the papers is the systemization of the basic theory for land registration system and the institutional way to solve the problem about safe and efficiency in the land market.Started from the viewpoints of safe and efficiency, the papers systematically study the basic theory about land registration based on the new institution economy, public administration and civil law.Connected with the land tenure system and land registration in China, the papers study the current problem and analyse how the technology effectes the land registration. The papers propose the land tenure system complying with socialism market economic regime. The papers study the problem in the land registration of China, put forward the principle about how to construct the land registration system in China.The papers study the way which the modern technology were used in the land registration, especially for surveying, GIS, OA and Inernet technology.Initiated by the safe and efficiency aroused by land registration, the papers is based on the transaction costs theory, propertyright changes theory and efficient governance theory. And the papers regard these theorys as the basic theory in the land registration system. The papers focus on the decreasing of transactioncosts, and aim at the safe and efficiency. The papers strengthen the legal, organization and technique. By the case analysis and comparative study, the papers draw a series of conclusion about how to construct the land registration system in China.The safe and efficiency are core problem in the land registration system, which are the initiate and goal of land registration system. The safe is concerned with the risk in the land transaction, and the efficiency is connected with the cost, time comsumed in the land registration. The safe is not always complied with efficiency, so the land registration system had to be constructed according the accounting the safe and efficiency.The basic theory for land registration system are the transaction costs theory, property right changes theory and efficient governance theory. Because the land registration aims atthe safe and efficient, the land registration must decrease the transaction costs and facilite the land market. The land property right must be in public and make the people know the land transaction, so the land property right is safe for transaction. All above want to be done efficiently, the key factor is the efficient governance in the land registration system.The classification of land registration system is the registration of deed and registration of title, which includes the Torrens system. The difference between them is that "deed registration is concerned with the registration of legal fact itself and title registration with the legal consequence of that fact.'The land registation system is not only the private law, but also the public law. The land registration must fufil the government's interest and citizen's interest. The benefits caused by the land registration include economic benefit, social benefit and administrational benefit.There are many problems in Chinese land property right system and land registration system. The papers think that we must set up a rational land property right system in China accordance with the socialism market economy and socialism democratic politices. Because of defective of the current land registration system in China, we should construct a more efficient, more safety land registration system, which means legal, organization and thchnology are more effective. Based on the theorical analysis and case study, the papers propose a new land property right system in China, and give a new way to consider the land registration in China.The important technologys used in the land registration are surveying, GIS, OA and Internet. Cadastral survey focuse on the parcel identification, GIS is used for the data processing in the land registration, and OA can improve the efficiency for the organization, Internet let the people connect the land registration dada base easily. We must construct the land registration information system based the modern GIS/OA/Internet to insurance the safe and efficiency in the land registration.The papers center around the "why", "what" and "how" in the land registration system, and emphase on the solving of problem of safe and efficiency by legal, organization and technology. The papers can give a more open space and a newer viewpoint for how to optimize the land registration system in China.