The Orientation Of Public Notary In The Real Estate System In China

In the process of real estate registration system construction in China, public notary with its own independent mediator identification, the important position reflected in the foreign real estate transfer system, and the more important role of preventing disputes in the real estate transfer practice in our country, which is under the structure of our country's property rights law, is paid more attention to gradually. Public notary is able to play the important role in the process. However, its function is influenced in the process of real estate transfer system, due to the mode of real estate registration system, the function of double- registration system of private confirmation and public rights management, the target of double- registration system of registration efficiency and registration correctness, and the limits existing traditionally and objectively as well. Public notary can't play its own role and can't gain the opportunity in the further development, unless it finds the mode to adapt itself, the inner demands of real estate registration system and the present situation. There is no doubt that public notary should take base on satisfying the inner demands of our country's real estate registration system, and promoting the real estate registration system to carry out and complete.The thesis is divided into five chapters, which demonstrate progressively the mode of public notary front review is the best one in our real estate registration system .In the first chapter, three modes of public notary orientation real estate system are extended from our real estate registration system and the mode of public notary front review is considered as the most appropriate one; In the second chapter, the emphasis is put on the demonstration of the feasibility of pubic notary front review mode from the aspects of standard, such as the purpose of our real estate registration system, function and demands, the solution, structure, practical mode, legislative intendancy, the contradiction between the registration efficiency and registration correctness as so on; In the third chapter, it analyzes the advantages and disadvantages of pubic notary front review orientation, and draws the conclusion that public notary is the main commitment of the best front review; In the fourth one, it demonstrates the worldwide application of public notary front review mode abroad so that it can strengthen the confidence of public notary front review mode which our country carries out; In the last one, it offers suggestions to carry out and complete the mode of public notary front review .Content in detail as follows:The first chapter gives the progressive and general description of common realization of public notary in the orientation of our country's real estate registration system. First of all, it describes the real estate registration and the system, introduces three modes of real estate registration system:"contract registration system","authority registration system", and"tennis registration system", and then make our country's real estate registration system belongs to Chinese characteristics of real estate registration system between authority and tennis registration system. On the basis, the thesis proceeds to analyze the objective limitation of our country's real estate registration system. Besides, it extends to the background of public notary orientate real estate registration system and the awareness of three modes, according to the present situation of our country's real estate registration system above, and then the thesis selects the most practical public notary front review mode on the basis of the introduction above.The second chapter mainly demonstrates whether the selected public notary front review mode is scientific, feasible, and necessary in theory and practice. Firstly, statement should be based on the standard, that is whether it satisfies the inner demands of our country's real estate registration grades system or not, which is the objective standard to judge the mode whether it can work or not. On the basis, the thesis states the adaptive phase of public notary front review on the parts of the functions and demands of private confirmation and public rights management, the solutions of contradictions between the efficiency and correctness of registration, and the important structure of registration of main body, range, and methods. Apart from it, it proves the feasibility of public notary front review mode again from the convenience, low cost in the practice of public notary front review practice and other advantages, the current situation of foreign legislature and practice. The third chapter analyzes the advantages and disadvantages of the orientation operation of public notary front review mode, so that it can notarize the operability of the public notary front review mode on the basis of feasibility. The thesis states the advantages and analyzes the disadvantages, which has to be faced in the connection of new systems, and in strict sense that is new problems needed to be solved, actually not the disadvantages. The advantages may have influence on operation of public notary front review from the nature of neutral law service, judicial review function and correspondent ability of review, civil legal effect of public notary, public notary body structure and perfect compensation mechanism. The thesis continues to preview from the selecting the public notary organization as the best front review organization commitment from the substitutes for front review organization.The fourth chapter mainly lists the legislative experience of foreign counties and districts, especially civil law countries, such as Germany, Italy, Switzerland, France, Russia, and Taiwan of China. The phenomenon of legislative of foreign countries reflects the demands of real estate registration system in the public notary front view and the empirical operability of public notary front review.The fifth chapter gives the suggestions and discussions about the uncompleted items in the process of public notary front review mode, on the base of the commitment of the priority, feasibility, and operability of public notary front review mode in the four chapters above. Above all, public notary front review mode should be displayed in the highest level of law and rules. For instance, in the draft and amendment of real estate registration law, property rights law, other separate real estate laws, contract law, and public notary law, public notary front review mode should be connected flexibly. Secondly, the effect of public notary front review should be established. It is more practical to adopt the efficient measures on the basis of registration and necessary factors. Thirdly, the range of public notary front review can limit to the comparable items of real estate registration system, due to the demands of real estate registration front review system. Fourthly, set up the identification of"usefulness"of public notary front review mode and promote it by heightening efficiency and broadening the range and value content. Moreover, it should improve the procedural security. The last is to complete the ways of affording ability, and to carry out the compensation system of no distinction. All the above are the critical measures to assure that the public notary front review mode can become the spacious vitality system.The thesis completed after the property rights law carried out, thus some contents may refers to discussions out of the current structure of law. However, it is rich in the undoubted provable spirit of modification of system. The content aims to explore a new field of real estate registration system under the structure of property rights law for the staff working in the public notary in theory on the basis of the biggest interest of carrying out the real estate registration system. The structure and statements of the thesis can't achieve the highest point, because of the restrictions of the theme and materials. However, the embryonic form and the basic theory frame in the exploration of the public notary front review mode have been set up gradually, and the deliberate discussions in technical level are still ready to be furthered.