The Research On The Registration Legislation Of Real Estate In China

At present, most of countries and areas in the world set up real estate law system .Because now china hasn't made some deep research about this system, so that some system limitation appear in our country lawmaking. Now our country' lawmaking not only scattered but also existed some mistake. These system limitation directly crisis the party' own interests, the order of the market business and security. Because of the system limitation have huge resistance to country government, our real estate registration system urgently to find out scientific theories, and at the same time, country hope a careful properly, maneuverable real estate law. This law can make unify regulation for our country.This article mainly from orientation, function, principle, particular system these sides discuss the basic problem of real estate lawmaking. At the first part of the article, about the lawmaking, the first problem is to change mind that put the real estate registration as the way of administration.. We should put the registration as the way of public known. The second part introduces some foreign countries' systems that mainly include Germany, France, Swiss and Japan' theory and practice. The third part mainly introduces how to unify the real estate registration and the scope of real estate registration. The real estate disunity shows five sides: registration according disunity, registration department disunity, registration efficacy disunity, registration book disunity and right certification disunity. The first job of making real estate law is realizing the unity of real estate registration. Through these unities realize the procedure justice and affection. This article thinks our country doesn't give a distinct scope of the real estate; this also calls for the real estate law. The forth part think the law principles must be made to direct the law. Principle is the soul of law. These article confirm the civil right principle, effect principle, public known principle, party apply principle and form examine principle as the principles of real estate law. The fifth part introduces some new real estate system that are total registration system, real estate compensation system and real estate registration checking and using system.The last part of my article, I give some advice of setting and perfect real estate registration system about law duty. Any law system needs some force way to protect itself, the same to the real estate registration law.