The Research On The Administrative Issues Of Real Estate Registration

The registration of real estate, in fact is the intervention of the public power on the establishment and alteration of the real right. It involves the application and the exercise of the executive power. However, due to the inadequate theoretical research on the current the registration of real estate of the theoretical and practical circles', there still exists some problems in the current the registration of real estate, such as the misunderstanding of the legal property, non-uniform of the registration procedures, the imperfectness of the remedy for different torts. It can clearly be seen that the study on the registration of real estate deserves our immediate concern. By analysing the theoretical basis of the registration of real estate, this paper adopts the comparative analysis and the normative analysis to study the above problems in the hope of providing theoretical references for the establishment of appropriate and orderly systems for the registration of real estate.This thesis consists of three parts: the first part, by comparing and analysing different theories, mainly explores the nature and legal properties of the registration of real estate, defines it as the quasi-legal behaviour of the executive power, and incorporates it within the scope of the registration of administrative affirmation. The second part probes into the construction of the procedures of the real estate registration. Based on the terms and regulations of the Property Law on the real estate registration and the practice of the real estate registration, it goes further to discuss about the existing problems in China from the perspectives of the registration body, the registration application, the examination methods and the registration carrier. The third part focuses on the discussions of different remedy methods. By using the three adjusted legal relations for the registration behaviour to analyse the current situation of the remedy methods, it discusses the differences among the varied lawsuit handling methods by different lawcourts, points out that we should establish the lawsuit patterns prior to the tort on the real estate registration, and analyses the remedy problems happening in the course of breaching the real estate registration.