A Study On The Flaw Of Real Property Registration And Legal Relief

The registration of real property, which has the function of protecting the static security as well as the dynamic exchange of real property, is an important part of the property law theory. The true right owner is faced with risks of losing right or sufferance because of the flaw of real property registration anytime, based on the Principle of Pronouncement and Public Trust. In China's current legal system, false or flawed real property registration is usually caused by intentional or negligent act of registration applicants, or the negligence of the staff of the registration administration. Therefore, how to remedy the right holders and fill in the loophole of the current legal system is a pressing problem in perfecting the property law theory and in maintaining the security of social property. In this thesis, based on China's current property law system, the author discusses the basic theories and causes for the flaw of real property registration, and explores the legal relief. The thesis is divided into four chapters, the summary of which is as follows:Chapter 1 deals with the fundamental theory of real property registration system. It includes the definitions of real property, real property registration characteristic and the fundamental theory of the property registration system in China. It confirms that the character of real property registration system is public and procedure law mainly, private and substantive law status in quo in China.Chapter 2 is the summarization of the flaw of real property registration. It expounds the classification, the forms, the reason and the damage of the flaw of real property registration. And it reflects the defect of real property registration system.Chapter 3 is about the legal relief on the flaw of real property registration. First, it expresses the necessity of setup the legal relief in China. Secondly, for improving the legal relief of the flaw of registration system from the legal aspect, it brings forward for increasing the fore-notice registration, the corrigendum registration, the reversion registration system etc. At last, it suggests setting up registration reasonably, making the real property registration information comparatively public, using network technology to build"the real property rights information network systems", improving the substantive exanimation, perfecting the register etc. from the aspect of specific measures.