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The Existing Problems And Lmprovement In The Real Estate Registration System China

Posted on:2009-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:F L GuoFull Text:PDF
GTID:2166360245459285Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Real estate is an important pillar industry in the development of our national economy, as well as the foundation for people's survival and development. With the rapid development of market economy, real estate market has been getting more and more prosperous, and thus the real estate registration system turns out to be more crucial. It plays a vital part in the aspects of maintaining the order of real estate market and guaranteeing the security of real estate exchange. At present, Real Right Law has made the real property registration system definite which provides the law foundation to meliorate the real estate registration system, but it is unsound and there exist a lot of shortcomings needing to be improved. Due to the great significance of the real estate registration system, the author aims to analyze the universal theories and sum up existing problems, and put forward the scheme of the real estate registration system to impel the establishment of Law of Real Property Registration and relevant laws.This paper, with legal issues arisen from real estate registration in China as its research objects, gives a systematical introduction to the legal provisions related to real estate registration and brief analysis on the articles related to real estate registration in the Real Right Law of the People's Republic of China. It consists of four parts.The first part is about the definition and procedure of real estate registration. Through brief introduction to the common sense concerning real estate registration system such as definition, characteristic and procedure, we can get an overview on real estate registration system.The second part is about the value orientation of real estate registration system. The real estate registration system shall operate under high efficiency and strong security.The third part presents the current situation and existing problems of the real estate registration system. On one hand, although legislative standardized system has been basically set up and the doctrine of the registration has been chosen as the effect models of the real estate registration system, land registration and house property registration are strictly separated and there is no uniform registration department. On the other hand, revision registration system, dissidence registration system and forenotice registration system have been established in Real Right Law. In addition, verifying system which guarantees the security of real estate exchange, efficacy principle which is based on registration validity, and system of fault amends responsibility are also clear and definite in Real Right Law. However, there still exist some problems in the improvement of the real estate registration system, the establishment of registration department, registration validity, revision registration system, amends responsibility mechanism of registration department, and so on.The fourth part brings forward countermeasures of bettering our real estate registration system. Drawbacks brought by the existing problems of real estate registration system are treated as entry point. On the basis of that, suggestions about the improvement of laws and regulations, the establishment of uniform registration system of real estate, and the betterment of real estate registration record and amends responsibility system of real estate registration are put forward to construct better real estate registration system.
Keywords/Search Tags:real estate, registration system, countermeasures
PDF Full Text Request
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