Brief Discourse The Real Estate Registration System In China

Real estate plays an irreplaceable role in the estate rights systems, real estate registration system is one of the essential systems of real rights law. It reflects the core principle of real rights law—the principle of publicity and credibility, which plays a great role in guaranteeing the safety of transaction and encouraging transasaction. Therefore, the real estate registration system is that how to set up, there are a lot of controversy, which are the focus of the field in the estate in China. Since the Estate Law of the People's Republic of China is effective on March 23rd, 2007, real estate registration system in China has been settled and greatly improved than the original system, although there are still some unsatisfactory places. The legislative scholars in China researched for real estate registration system is not perfect blank, but it is still not intensive study, this article attempts to compare patterns of real estate registration legislation, and combined with the legislation and existing problems, then put forward suggestions to improve the Real Estate Registration System in China.This article divide into four parts, Chapter One introduces the definition and characteristics of the real estate registration system. By analyzing the principle and the history of public declaration of the the Real Estate system, particularly described the effect of public credit, we research for our real estate registration system theory, pointed out the purpose of that transaction security protection of the real estate registration system, and our current real estate registration system has played a critical role and have practical meaning in solving the problems as it rised in the past mode .Chapter Two of the start is the based on rules of effectiveness of registration of real estate: Validas Registered, the effectiveness of the registration of real estate exception to the rule: The register resist, the registration for the fact that the effectiveness of behavior: the registration of the disposition to analyse the effectiveness of real estate registration system, and then re-registration from the registration correction, dissenting registration, advance notice registration of these three special types of real estate registration analysis of the particular system of estate registration, more comprehensive exposition of the current real estate registration system in China. Finally, real estate registration system from our analysis of the status quo of China's real estate registration system for distributed, real estate registration system supporting the liability of error is not perfect, real estate records of the register of the difficulties of the query is not complete, and real estate registration system in chaos lease, compulsory, The lack of implementation of measures to the five problems.Chapter Three is mainly about the most influential international system of registration of deedes (the French registration system), registration system of rights (the German registration system), Registration of Toluns (the Australian registration system), analysis of the differences and the reason between the three legislative , as discussed in the next section to provide more material and base.Chapter Four is discussed the implementation of unified real estate registration system, and improve real estate registration error compensation system for real estate registration information public, the establishment of real estate leasing filing system, the development of real estate registration system of mandatory measures in these five areas of the current real estate registration system for non-perfect place, learn from foreign experience and advanced maturity of experience, combined with China's national conditions and historical traditions, elaborated on China's real estate registration system improvement ideas and suggestions, we are looking forward to establish a real estate registration system with Chinese characteristics.