The Legislative Choice Of Unified Real Estate Registration

The "Property Law",which was introduced in 2007, has make a temporary easing of the dispute, but the article 10 of the Act:"The country will carry out unified registration system of real property,and the scope of unified registration, registration authorities and registration methods will be prescribed by law and administrative regulations."This general requirement failed in solving the fundamental solution to the substantive issues of real estate registration dispute, "Unified real estate registration system" is a systems engineering, which is related to the legal basis for unity, unified registration authority, unified registration effectiveness, harmonization and unification of ownership certificate of registration procedures and so on. Registration authority leads to start the registration process dominates, so more fundamental unity must be made to build a unified registration system. The establishment of foreign real estate registration office is independent reunification, such as Germany, Switzerland, united in the courts; France, Japan, united in the local administrative authorities; the United Kingdom, Australia, united in the dedicated land registry bureau. At present, China Real Estate Registration scattered in different government administrative departments of the phenomenon, has been contrary to existing laws and international trends. Legislation of foreign countries in the study, based on analysis of the theoretical circle of the three theories, that is registered with the court, said the executive, said the registration and registration of said notary public, court registries and administrative bodies that register that the registration authority only to resolve the unification issue , and for follow-up questions such as the registration of the nature of the liability is not solved, by a notary public as a unified real estate registration authorities to resolve such a good nature of the act relating to registration and registration errors on the liability side of the dispute, so that real estate registration a real right back to the civil law system to complete the embrace.In addition to the introduction and conclusion, the full text consists of six parts.In the first part, the author sums up the real property registration functions and the establishment of real estate registration. This section introduces the registration of real estate ownership with the rights recognized in the ensure the security and management features, and then set the property proposed to meet the requirements of the registration authority needs to make the establishment of real estate registration in line with the real estate registration function.In the second part, the author will investigate the foreign and Taiwan of China's Real Estate Registration Regulations.In Germany and Switzerland, the District Court is the Real Estate Registration, in France and Japan, the local administrative body is the Real Estate Registration,and in United Kingdom and Australia,the land registry bureau is their Real Estate Registration. By comparing and analysising,we can see that these countries or regions have independent and unified Real Estate Registration.In the third part, the author relates the status and the defects of real estate registration. As our long-planned economic system and public ownership system of land, for management needs, the registration of real estate real estate authority in accordance with the setting up of different types of shows long in power, hierarchical management situation. This situation is not conducive to party registration authority for registration is not conducive to the improvement of the efficiency, prone to the time of application for registration register a loss, no choice problems. Unclear responsibilities and Buck-passing between registration authorities will lead to the awkward that the registration authority has no idea whether it is a civil compensation or an executive compensation. In the fourth part, the author describes the theories and controversies of our unified real estate registration authority. Registration in respect of the judiciary, said special register that the executive authorities and registered notary public, said analysis of the advantages and disadvantages. This article says that the notary public registration is more in line with national conditions.In the fifth part, the author selects from three aspects of the notary office in China as a unified theoretical basis of real property registration office. Selecting a notary public as a unified real estate registration authorities comply with the registration of the function consists with the Property Law of the Basic Principle and is an inherent requirement of equity and security of real estate transactions.In the sixth part, the author makes his views based on the previous paper:unified real estate registration authority is the public notary office of legislative choice,and from the nature of notary public duties, registration procedures and legal liabilities for demonstration. The part demonstrates by combining with the relevant provisions of arguments of our "Notary Law". The notary public is a public institution of civil liability, it will be in line with our logical system of property law that the notary public makes unified real estate registration.