On Improvement Of Real Property Registration System Of China

Real property resource is of vital importance to a nation's economy and its people's existence. Real property right is in close connection with economic development and social progress of a nation. As a result, the law of property in all countries attaches paramount importance to the law of real property and China has no exception. Meanwhile, the system of real property registration is on the core. Firstly, it is made to safeguard the security of transaction and stabilize economic order and secondly, to a large extent, it solves a variety of problems that arise because real property can't or has difficulty in serving as an outside material sign. Thirdly, it is convenient for would-be dealers to succeed in transactions. China's law of real property has made great contribution to the development of its socialist market economy. For one reason or another, however, China had a negative attitude toward property law for so long a time that there is insufficient research on real property and the law of real property seems immature. In this sense, clue to the importance of the system of real property registration in the modern economic life and the present state of its legislation, the advantages and disadvantages of the law are summarized in this thesis. It is confirmed that real property in this law does not denote real property itself but property right. It points out the problems in this law from such aspect as the law itself, the range of application, trust of the law, registration authorities, registration effect and procedures. This thesis refers to theoretical studies home and abroad, absorbs foreign advanced experience and then gives a new picture of the law.First, through the introduction of the existing 3 legislation patterns in the world, it determines that China's pattern should be Thomos system. Moreover, it designs the general principles of the pattern of which there are three core principles. Last, some concrete advice is given on such aspects as establishment of registration authorities, the range of registration, registration effect, advance registration and opposition registration, real property registrar, duties of registration authorities, publishing of registration information, and registration tuition for establishment of a core law.