Recarch On Real Estate Register System

The development of commodity economy needs two premises: one is that dealer owns proprietary of the object ;second is that that dealer can make a free decision on trade .The two consists of the contents of proprietary law and creditor's rights law .Real estate is most important in title concept for soil privatization which leads to the formation of title concept ,so the right of real estate is closely connected with proprietary .since the liberation of Chinese people republic ,real estate has been adjusted by country ,and withdrew from the category of proprietary law ,which seriously affected the development concept of ownership ,furthermore ,the ignorance for the right of real estate leaded to deeply study for real estate register system .The thesis tries to study the theory of real estate register system ,analyzing the advantage and disadvantage of real estate register system in China ,at last outline Chinese real estate register system ,the author think this not only change the chaos situation of real estate register ,but also strengthen people's attaching importance to the right of real estate ,arouse the concept of ownership ,and promote our country's rule of law economy .In this thesis, the author put to use various study methods. In studying the development of real estate, the author apply to history method ,discussing roman law without real estate register system and the reason of the advancement of real estate register in modern time ;in discussing the basic theory of real estate register system ,the author apply to the comparative method ,though comparing the legislation of Germany,Japan,French and Taiwan region ,analyzing the advantage and disadvantage respectively ,finally conclude that our country should adopt substance doctrine register ;in the composition of thesis ,the author utilize the analytic method ,firstly simply discussing the real estate register ,then analyzing the reason of real estate system' development ,then studying its basic theory,effect ,at last withdrawing the real estate register system of our country in the future .In the thesis, the author firstly clear the character of real estate register, emphasizing that it should be adjusted by private law, withdraw from the category of public law , this not only revoke its original meaning ,but safeguard the right of citizens ;secondly the author make a important difference on basic theory and effect of real estate ,for a long time ,many professors have no a uniform standpoint on real estate register ,which leads to the chaos of judicial judgments ,the author think the basic theory is that choosing substance doctrine register or form doctrine register, the effect is that admitting absolute effect or relative effect ,which can avoid the disputes of theory ;finally the author draw out line of real estate register system ,make a breakthrough about the traditional concepts "five uniform ",emphasizing that we should outline the system from the system of proprietary ,for example ,establishing real estate register petition right system ,substance examination system ,register office compensation system ,s series of form complete set system.In this thesis ,the author especially emphasize on viewpoint as follows: one is that real estate register is connected with proprietary right ,in particular promoting the development of private concept and ownership concept ;second is that through analyzing the reason of the development of real estate ,revealing that the value and reason of real estate register is public announcement.The author think this thesis only do some attempted study work. for real estate register system, no many studies has been started ,but in recent years ,many professors began to study real estate register as people's development of ownership concept.The author think that this article can attach more people paying attention to real estate register and study more about it .