Construction Of Advance Notice Registration Of Real Property In China

Advance Notice Registration of Real Property (hereinafter referred to as"Advance Notice Registration") has such importance as to ensure rights of parties, protect business safety, and maintain market creditability. Based on such reasons, Germany, Switzerland, Japan and China Taiwan all have their own Advance Notice Registration system in their civil laws. Currently, China's economy is rising very fast, specially with the real estate market, but lots of disputes in the market has reflected the problems of inadequateness of Advance Notice Registration in China. At the right moment, China is on the progress to legislate its Civil Code, and provisions of Advance Notice Registration have specially caught many people's attention. Having made some survey and study, I express my own opinions and suggestions with which, I hope, they can serve a little bit for constructing an Advance Notice Registration system in our country.The article consists of four chapters in terms of structure.Chapter one expounds the theory of Advance Notice Registration, mainly introducing the definition, characteristics and origin of Advance Notice Registration, it also analyzes its nature. All these show the necessity and importance to set up an Advance Notice Registration system in our country.Chapter two studies the legislation of Advance Notice Registration in a few countries and regions in the world, viewing from a comparative law angle, comparing their common points and differentia, advantages and disadvantages. This helps to provide us with theoretical support and legislative experience for constructing China's Advance Notice Registration. I hope that, by learning from these countries and regions, we can select a proper legislative model that accommodates China's current practice and situation, and design an Advance Notice Registration precisely.Chapter three, which is also the most important one of this essay, intensively analyzes the Registration System of Commercial Housing in our country which is a similar one to Advance Notice Registration. First of all, this chapter presents the content of this registration system, and then analyzes the existing problems with it in terms of its efficacity, protected objects etc.. Having compared it with Advance Notice Registration, I draw a conclusion that the current Registration System of Commercial Housing is not yet an Advance Notice Registration in a real sense. In order to sort out the existing problems, and to construct an Advance Notice Registration system in our country, many law scholars are making unremitting efforts to study this subject. Consequently, two separate Draft of Property Law from Professor Liang Huixing and Professor Wang Liming came to the world, and before long, another Draft of Property Law from the standing committee of National People's Congress was also open for national's suggestion. The designs of Advance Notice Registration in the three drafts caught the eyes of everybody. The second section in Chapter three introduces the designs of Advance Notice Registration in the three drafts, points out their common points and distinction. We can see from the comparison that the design of China's Advance Notice Registration in the draft from Professor Liang Huixing is better than those in the other two drafts, and more operative. It is, therefore, suggested that, on the base of Professor Liang Huixing's draft, and taking reference from other countries, we construct our own Advance Notice Registration system with special characteristics according to current practice and situation in our country. Currently, there are many disputes about the legislation of China's Advance Notice Registration system, the last section in this chapter analyzes several issues related to constructing an Advance Notice Registration in our country.In chapter four, the article probes into the construction of Advance Notice of Registration in our country. The first section presents the two legislative models existing in the world as a reference. I propose an option from my point of view, and present my reasons. On base of the proposal, I design an Advance Notice Registration according to the practice and situation of our country. After the establishment of Advance Notice Registration in our country, there come some new problems with our current procedure law and the registration system of real estate. In order to carry out the Advance Notice Registration in our country, we must revise the Civil Procedural Law to make it assorted with the Advance Notice Registration system. We also need to perfect the current registration system of real estate. And the last section in this chapter analyzes these issues.