The Research On Registration System Of Real Estate Right

As an important part of Property Right Law, registration system of real estate right plays a critical role in the change of real estate right.First of all, this article narrated the relevant conceptions of registration system of real estate right. Then, it illustrated the historical evolution of registration system of real estate right. Besides, it mainly introduced two different types of registration system of real estate right, witch were essential registration system and format registration system. On concern of the great affection to business security and social property system that registration system of real estate right brought about, the governments all paid great attention to this system in worldwide.In the second chapter, the author introduced three kinds of registration system of real estate right: contract registration system, right registration system and tolerance registration system. Then, it made the dissertation combined with their features with theoretical foundation, value orientation and the categories among different types. After that, the author introduced the background of the registration system of real estate right in China. The problems existed in present system, like 'longs to govern", disunity of ownership certificate, "multi-card parallel", disunity of laws, vague effectiveness of registration and the feature of administration. The promulgated of Chinese Property Right Law has made some regulations pointed to the relevant contents of real estate register, which further defined the principle of property rights publicity, newly added demurral registration and predicted registration. Meanwhile, it pointed out the development orientation of establishing a united registration system, regulated registration institution examine obligation and right, clarified register effectiveness, registration system and real estate ownership certificate system. As Liang Huixing said, "If there is not such a great registration system, the Property Right Law would not be executed properly, no matter how complete the Property Right Law was." However, since we hadn't made a united real estate registration law in countrywide ,yet, many contents refer to the procedure of real estate registration hadn't been regulated in the Property Right Law. Besides, government's uncertainty on the scope of united registration, registration institution and registration method, resulted in present fragment situation, like regulations coming from different departments. At present, our real estate registration system mainly dispersed in each legal provision, single regulation and rules. In worldwide scope, however, especially in German, Japan and Taiwan Province, had already established real estate registration system long ago.In the third chapter, the author focused on the faultiness in our present real estate registration system and put forward his suggestions to complete. As to the disunited of real estate registration laws and the disfigurement and in sufficiency, such as multi-management, classified register, disunity of register type, effectiveness, procedure, ownership certificate, incomplete of registration type, ambiguity of registration scope etc., the author put forward a general issue about making real estate registration law and complete the real estate registration system on procedure aspect. In details, it could follow the following aspects: 1. Choose house property management department as the only real estate registration department. 2. Enlarge the real estate registration scope. 3. Endow with administration department essential censor right. 4. Change the phenomena that consider ownership certificate more important than registration. 5. Complete registration types, like credit registration and cancellation registration.This article has been used the ways of comparison, analysis and illustration to dissertate our real estate registration system. Although the Property Right Law has relevant regulations about real estate registration system, there's still something to be consummated. Only to take some measures to keep on consummating and completing the real estate register system, the Property Right Law could be executed properly, which is propitious to the establishment of a socialist country ruled by law and economic socially healthy, sustained and repaid development.