Chinese Registration Rule Of Real Estate

As an important law of the things, the registration rule of real estate is not only an example of the publication of the transfer of the right over the things, but also a necessary legal guarantee for the safe, fair and well-ordered trade of real estate. In recent years, the real estate market and business have been boosting. A perfect registration rule is needed to ensure the safety of the trade and to promote the efficiency. However, the current legislation of the rule lagged behind, which aims at the administrative management and supervision. It not even a registration rule by the terms of jus rerem. The author try to contribute to the healthy development of the real estate business and to the drafting of the registration rule by making a blueprint of such a system through analyzing its basic theory, the legislative experiences of the foreign countries and the defects of the current system.The article is consisted of four parts.The first part is the basic theory of the registration rule of real estate. The concept, objectiveness, classes and character of the registration, its five values and the approaches of investigation are discussed in this part.The second part is the comparison and evaluation of the foreign registration rules of real estate. There are three kinds of legislation, i.e. the system of registering the deed, that of registering the right and the Torrens Title System. Each system is determined by the relevant mode of the transfer of real right. In the continental law system, the modes of transfer are divided into the hopefulness and the formalism. In the article the two modes of transfer and the three systems are analyzed. China should choose the formalism of debt as its mode of transfer of real right and follow the rule of registering the right.The third part is the history, status in quo, and defects of China's legislation of the registration of real estate. The defects are discussed most extensively, such as the disintegrated registration body and the decentralized information, the lack of uniformity in the procedure of the registration; the inconsistency of the systems in cities and countries; the uncertainty of the effect of the registration; the imperfection of the rule of the pre-registration and the dissidence registration.The fourth part is the heart of the article. The approaches to establish and improve the registration system of real estate are discussed here. We can achieve this by six means. Firstly, the effect of the registration should be making effective. Secondly, the investigation of the registration office should be substantial and the adoption of notary system for real right is suggested. Thirdly, the registration of the house and the land should be unified and managed by a special and uniform administrative department. Fourthly, the adoption of the rule of the pre-registration and the dissidence registration is recommended. Fifthly, the rule of public reference should be improved. Sixthly, the administrative authorities'liability for damages should be established and improved.