Research On The Legal System Of Registration For Real Estate Rights

As a basic system of the property law, the legal system of registrationfor real estate rights is vital to the property law system. Today, since ourcountry is making the civil code and the property law, researching on theregistration system of real estate rights has realistic theory meaning andpractice value. In my opinion, in order to make clear the theory problems relating to theregistration system of real estate rights, we should begin from analyzingits history process, and then examine some basic theory problems in the field.Based on the above theory, we can review the present system of our country,finding out its advantages and disadvantages, and furthermore give someconstructive advices of legislation and system designing. This paper includes three parts. The first part of the paper deals withthe main involving concepts, including the real estate, the real estate rights,the registration of real estate rights and etc. The second part discusses IIIsome theory problems, including the social functions of the registrationsystem of real estate rights, the nature of the registration and its legalconsequences. The third part focuses on our country's condition, pointing outthe shortage of the present system and put forward some lawmaking suggestionand system speculation. From above, the registration for the real estate rights, the author thinks,is a kind of judicatory, burdening the social duties of protection for theprivate rights, macro-controlling of the nation and other social services.The registration system of real estate rights is vital to the private, thecountry and the society as a whole. The present registration system in ourcountry exist many shortages, but the most urgent problem is the integrationof registration organization. This paper thinks that our country shouldestablish a independent registration bureau at each county district andbringing it into the judicial system. The personnel of each registrationbureau should be looked as a part of the community of law occupation. Onlyby this, can we realize the specialization of the registration organizationsand the identity of the registration personnel.