Interest Balancing Of Real Property Registration And The Construction Of Registration System

There are two legislative modes of real property registration– the defensible mode of registration and the creation mode of registration. The defensible mode of registration which is adopted by France and Japan aims to respect the freedom in transaction of parties in maximum scope, but it delegate insufficient inspiration of the security in transaction. The creation mode of registration which is adopted by German sufficiently safeguards the security in transaction, yet this is a kind of sacrifice as the freedom of contract. The difference of the two mode of real property registration is the result of different social background and times spirit, but with the economic globalization and global marketing, the two mode of registration is in the trend of merging, and present similarity in the rules of handing specific cases, for example in the case of double sales the two mode of registration both entitle the ownership (or whole ownership )to the buyer who first finish registration, for another example when false registration happens the two mode of registration both protect the third party who trust the registration book .Real Right Law of the People's Republic of China adopt mixed mode of real property registration based on China's social reality. The real property of urban can be transferred totally freely within whole country and has urgent demand for security in transaction, so the creation mode of registration is induced for real property in urban. The social security system is absent in rural areas, so real property in rural areas is the most important method for living and production and is transferred in certain areas or between certain people. The defensible mode of registration which meets rural areas'demand of property static security finally become the option of legislator to rule the publication of countryside property . Real Right Law of the People's Republic of China neglects the difference between the bona fide acquisition of real property and movable property, which will cause confusion in later judicial trial activity. The articles about defensible validity of registration and depose validity of no-registration property in Real Right Law of the People's Republic of China should be more explicit. The dissent registration system and the correct registration system in The Real Right Law also should be improved in specific aspect. It's regret that The Real Right Law limits the scope for advance registration and describes the validity of advance registration.