Japan's Real Property Ideology Of Registration Resistance

Real property right registration is an important method for the ideology of real property rights,it is also very important system in recent years.While we are still exploring the model of real property registration effectiveness,studies conceming foreign law system will facilitate improvement for China'S legislation.Research of Japan'S Ideology of real property registration resistance has a significant effect in improving our own property rights law which contributed to the direct or indirect effect of Japanese implanted civil law and the similar law culture between Japan and China since the end of Qing Dynasty when western law system was imported to China.Japanese real property registration resistance has established for more than one hundred years.At the early period of capitalism,Japanese government has thought to establish real property registration resistance key model by land rent revolution. However,the people pursuing free trade did not transfer real property to acquire rights by according to the registration.Altematively,the registration based on custom which resist the third person'S"Aoyungeyingzhi"Was used to transfer real property.Finally, this rule which imply registration resistance has become a popular real property registration law at that time in Japan.During the Mingzhiweixin period,Japanese laws were westernized and emphasized individual willing,Ideology of free rights played an important role in Japan."Ownership based on contract to transfer will not be allowed to resist the third person without registration"which means Ideology of resistance spirit are rooted in Japanese civil law theory foundation.In 1 896,Civil Code made it a law that real property due to death Was not allowed to transfer to the third person.In the early period of free trade,when Japan pursued maximum profits, ideology of real property registration resistance is in the need of social economic requirements.However,after the World War II,free trade was vulnerable to the safety intimidation;trade safely played a key role in supporting social economic development.Real property registration resistance gradually exposed its weakness due to incapable of accomplishing rights registration consistency and unable to avoid unsafe factors of free trade.Japan began to reconsider ate the rationality of legislation. In the following one and a halfcentury,a lot ofcases showed their efforts to revise the resistance theory.Based on the resisting the third person,they established"The Perfidious malicious"theory making the ideology of registration resistance corresponding to the goal of substantive justice.Stated in the 94th clause and the second item of civil code relatively admit the credibility of registration,expecting to solve the problems of obligee determinant who are involved in free trade fraud and cheating.Meanwhile,registration system increased application prerequisite,improved audit standards which in turn to improve the guarantee structure of free trade. However,all the revision Can not avoid the weakness of registration resistance.From Micro.perspective theory,due to a lack of legal common property and highly determinacy of different cases,there was no consistent and systematic registration resistance theory available.Varieties of theories and cases were coexisting at that time. This was contributed to using the ideology of real property registration resistance of French law borrowed in Japan while using the totally opposite ideology of Germany law when dealing with specific registration rule.From the macro—perspective view, ideology of real property registration resistance Can not represent the unstable。situation of Japanese property ownership.Therefore,it was difficult to maintain free trade safety which causing Japan had a tendency to choosing registration as a legal fight effective to control the trade order.The history of Japanese ideology of registration resistance development gave US a hint:in the modem society of highly developed economy,safety of trade is most important thing;while we choose real.property registration effect model,the scale of profit rights should be inclined to the guarantee of real·property trade safety.In the process of legislation transplanting, it is better to keep coherence with foreign laws in order to establish systematic law theory and making legislation easier.When making specific regulations,we should declare the credibility of registration and real property registration mle should guarantee the accurate of registration in order to increasing registration efficiency as much as possible.Learning from Japan,based on our social actual situation,Property rights law ought to apply ideology of registration effect;public value and honesty, credibility as basis of ensuring evaluation normal of the third person of kindness;via notary system and electric intemet technique to build a safe and high efficiency real-property registration structure.