Compensation Liability Of Wrong Registration Of Real Estate Registry Agency

Real estate registration provide the credibility, unified, opening legal basis for the real estate transactions, The contents of the register are very important, it not only affects the rights of parties in the transaction, but also affects the security and order of real estate transactions. When the wrong registration happened, the loss amounts are often very large. Strengthening the legal relief of the wrong registration of the real estate is an important content and goal of consummating our real estate registration system《.Property Rights Law》has established the real estate registration relief system, such as dissension registration, correction registration and compensation liability of the registry agency. But it is regretful that the contents about the nature of compensation, obligation principle, compensation standard and other important issues are vague and general, and it did not mention the funding for compensation. These clauses lack of operability in the judicial practice and bring about some arguments.The real estate registration behavior essentially is a kind of civil behavior and non-administrative behavior. The wrong registration of the real estate is a kind of tort , which should be corrected and remedied through the civil action. The registry agency should compensate the actual loss. We can learn some legislative experiences from other countries, establish compensation fund and introduce insurance mechanism to provide adequate compensation funding. And the real estate registry agency should enhance the quality of the registrar, establish the qualifying examination system and perfect the register to reduce the occurrence of wrong registration, so as to perfect the compensation mechanism of wrong registration, maximize the protection of personal legal property.