| From macro point real estate register system within the worldwide nations in ancient and nowadays as well as China and foreign nations is in the political society-leading domain of society, which political society is no separation from citizen society, and from the micro point it mainly regards courts, administrative organs, social notarization organs and so on as register organs of real estate, and regards register of real estate as their affiliated authority without real estate register's specialization. Therefore,non-separation between political society and citizen society provides survival environment for national public power infringing upon civil right of citizen, and from the micro point traditional real estate register organs provide convenient conditions for public power infringing upon private right. Through theoretical,practical and law contrast of real estate register system between China and the West, the author poses basic point of real estate register system modernization, which firstly departs from its independence which becomes outset of the modernization, and real estate register system develops towards road of modernization as well as pointing out direction for the modernization. In the meanwhile, the renaissance of Roman law spirits is little by little becoming impulse force of real estate system modernization and develops ahead towards its direction. Moreover, the modernization of traditional law culture in China establishes stable law culture foundation for real estate register system modernization. Modern real estate register organs have completely civilian characteristics, their construct system is similar with the present arbitrage organs in China, which they commonly set up according to city or county units and set up some embranchments. There are no superior and lower levels each other and they are equitable civilian juridical person entity, and not adhere to any administrative or judicatory organs and dependently register in sense of private law. However, it may set up the same association of real estate register within nationwide and province area and make industry direction of real estate register organs. They are real estate register organs with civilian characteristics and juridical person company with private law sense as well as social commonweal. They may acquire a little profit so as to their natural function. But then,it is necessary that the government takes some similar methods which set up arbitrage organs at that time to build up real estate register organs with civilian characteristics, then they work dependently. In the meanwhile, nation must constitute corresponding laws so as to assure legal effectiveness of real estate private rights register. Moreover, modern real estate register happen in the condition of market economy and is in the scope of citizen society. The register should operate dependently, and only censor formally and make use of non-cause theory so as to insure maximal implement of their right interest, promote improvement of market exchange efficiency. Moreover, the register may insure exchange safety, make righter positively carry out rights and avoid occurrence of sleeping rights. Of course, it has overall function between affirm and guarantee of right. In the concrete function modern real estate register should possess functions of right rationalism, human rights guarantee, right democratization and procedure justice so as to show its modern sense. |
PDF Full Text Request