Research Of Real Estate Registration System Of Our Country

Registration of Real Estate, which is both an important system of civil law of modern countries and announcement means of real estate, occupies an important position in Property Rights Law. In our country Property Rights Law has been promulgated in 2007, with an General provisions about the registration of real estate,but it is not perfect.This thesis probes into some important problems of real estate registration,then brings forward perfecting proposals on the basis of analyzing current defects in real estate registration system in our country. The thesis is divided into four parts, with over 42,000 words:Part I,Basic theories of registration of real estate .It sets forth the concept,nature and effect of real estate registration.It considers that real estate has the nature of both private law and public law,however, private should be its essence nature .On the law of registration in the future , private law should be its keynote,while giving attention to the nature of public law.Part II , Comparison and evaluation on various real estate registration .This part adopts the method of comparison, sets forth the changing patterns of real estate. Moreover, it compares and evaluates the deed registration system represented by France law , the right registration system represented by Germany law and Torrence registration system represented by Australia law, with the purpose of perfecting our countrys real estate registration system.Part III,Theory of China's current real estate registration system and the development of concrete system .It analyses the theory of China's current real estate registration system and the development of concrete system,and holds that our Property Rights Law has insisted registration is the become effective elements in real estate registration system, and has adopted formalism of in ownership changes patterns. Meanwhile, it analyses the defections exist in current real estate registration of our country: there are lack of unified registration departments,registration law,registration procedure,registration certification,registration right of real estate, with limited zone. On the other hand, there are imperfections on both real estate registration in our judicial practice and various concrete system, such as forenotice registration , correction registration,dissention registration and compensation system of registration liability.Part IV,Construction and perfection of real estate system in our country. This part is the core of this thesis,it aims at defections existing in legislation and judicial practice on real estate registration in our country, proposes theories of constructing and perfecting real estate registration system in our country, through using advanced experience in home and abroad for reference. First of all,construct unified management system of real estate registration: including unified registration departments , unified registration laws and regulations, unified registration Procedures, unified registration certification.Secondly, it sets forth new types of real estate registration: including forenotice registration, corrections registration,dissention registration, and brings forward relevant system design to perfect them.Thirdly,construing and perfecting the register system of real estate.Fourthly,construing and perfecting essential examination system on real estate. Fifthly,construing and perfecting information disclosure and consultation system of real estate system. Sixthly, construing and perfecting liability compensation system of registration departments, this part analyses the nature of liability compensation of real estate registration, with design of resource of damages.