On The Legislative Pattern And The Legal Base Of The Registration Of Real Property In China

The real property is the important property concerned with human's living. And for protecting the safety of dealing and legal interest of the third party acting in good faith, it is the important protection means to be registered for real property. The registration system of real property is the most basic system on real property law. Since we carried though the reform on the involuntary conveyance of right to use state-owned land in 1987, real property in china has developed rapidly. But the legislation of real property lags comparatively. For example, we haven't constitute the law of the registration of real property so far, and there are many laws of real property, But they are too dispersed, and so on. To regulate the market of real property, it is necessary to understand deeply the registration system of real property, especially some basic problems, for example ,what kind of pattern on the registration of real property we should take, if we should take the registration effective principle o, if we should adopt substantive examination, if the registration has non-cause, and so on. The thesis mostly studies and analyzes the patterns of the registration of real property and problems existing in our country. The thesis mostly takes the analytic method of comparison, and studies the legal base of the registration of real property, principle of public summons and juristic act of real right. At the same time the thesis discusses the methods, the aims, and the effects. Then the author compares the patterns of registration of real property in many counties in the world, arguments the pattern we should take, and considers we should not take a kind of pattern according to the situation in our country. In the end, the thesis analyzes the actuality of the registration of real property in our country, points out the problems in it and put forward the solutions.The thesis includes three parts. The first part mainly analyzes the legal base of the registration of real property and compares the patterns of the registration of real property in order to establish theoretic base for the next part, the most important part in the paper.The second part is the stress. Aiming at the characteristics of all kinds of patterns and combining with actuality of the registration of real property in our country, the paper states the pattern we should take and the reasons for which we take it.The third part analyzes the actuality of the registration of real property, points out the problems existing in it and provides solutions, for example we should unify the management system of real property, we should set up the types of rights of real estate, we should establish concentrated, lucid mechanism of information on registration.