The Liability Of The Real Estate Registration Entity Of China

The twenty-first article of "Real Right Law of the People Republic of China" which enacted in march 2007, regulate the compensation of Flaw Registration in principle, but the related issues are not clear, the liability of the Real Estate Registration Entity of China become the focus of study in cademic and practice. In this thesis, based on China's current property legal system, the author discuss the liability of the Real Estate Registration Entity of China. The text is divided into five chapters, which are summarized as follows:Chapter 1 deals with the basic theory of legal system on the Real Estate Registration. The Real Estate Registration Entity should be character as an administrative organization, and the act of registration should be defined as specific Administrative Behavior by Application, which is an administrative confirmation.Chapter 2 deals with the basis of jurisprudence and practice of the liability of the Real Estate Registration Entity, and classify the Flaw of Real Estate Registration. It confirms that if the Flaw Registration casue damage to the true right subject, the Real Estate Registration entity should take the responsbility for it, and the character of its liability is State Compensation Liability.Chapter 3 is mainly about the composing elements on the liability of the Real Estate Registration Entity, focus on the principle of liability. The twelveth article of "Real Right Law" is to establish an Examinaion Form, which is mainly Surface-Examination, supplied by the Substantive- Examination. It confirms that the principle of Flaw Registration Liability is the Fault Liability, the principle for the liability system is the Presumption of Fault.Chapter 4 mainly deals with the Real Estate Registration Entity how to take responsibility when Flaw Registrations take place. It holds that, when it is the common tort, the Registration Entity should take the responsibility jointly with other infringer; and in mixed infringement cases, the Registration Entity should take the duty by share. At last, the liability should be limited in direct economic loss.Chapter 5 is mainly about several measures to cope with the liability that the Real Estate Registration Entity take. It proposes three assumptions to prevent the Flaw Registration, such as establish a system to training the Real Estate Registration officer, make the Real Estate Agents play more important role in registration, and guide the civilian to choose Notary of the Real Estate before register. Recoupment, the establishment of special funds for compensation and Real Estate Professional Liability Insurance are the three ways to relieve the liability.