On The Changes In China's Real Property Registration System

"Property Law" Article 20 provides that: "the parties entered into a house or other real property sale agreement, for the protection of property rights in the future to achieve, according to the agreed notice can be registered to the registering agency for. Notice of registration, registration of rights without the consent notice , dispose of the real estate, property effect does not occur. Registration, the debt can be eliminated or property from the date of registration within three months without applying for registration, notice of registration failure. "in that section to clearly put forward the notice The concept of registration, notice of China's real estate registration system established to provide legal protection. Real estate registration system in China, the notice of the registration system is a very important system, the maintenance of the credit markets, protect the safety of transactions, to protect the rights of the parties plays an important role. Many countries and regions have had provision also learn from China's foreign and Taiwan of China on the basis of experience, choose the appropriate notice of registration system of China's national conditions, and carried out system design, in order to establish and improve real estate registration system. But our "Property Law" on notice of real property transfer provisions of the registration system more principles, neither provides any authority to apply for, nor how to apply the provisions of the current registration of my confusion, varies to provide perfect, serious to affected the development of market economy.This article is divided into three parts: the first public notice described the nature of the registration system, the legislative purpose, meaning and historical evolution of part of the notice of the registration system for registration and objections, the difference between the registration. Although research on the nature of notice of the registration system have different views, but the author of this article that the notice of the registration of a property claims, claims to be registered with the property's effect on the subsequent events with the claim identical behavior of real property disposition, with exclusive effect is to limit the current registered real right holders to dispose of their rights. The second part of the exercise of our notice registration system, including the exercise of the premise and validity, scope, the obligor's defenses and eliminate, in the part of the book's content analysis of our system of notice registration problems, such as the narrow scope of application procedures imperfect, limited effectiveness and ambiguity, the review of standards and other issues. The third part of the proposed system for the perfect proposal to extend the scope of the registration notice, make up "agreement" clause of the lack of unity of sound procedures and provides clear notice of the registration system and expand the effectiveness of the registration system was introduced in the notice Notary substantive examination system. Notice of real property registration system through the analysis of the deficiencies can be found in the existing system, the state legislature should be made as soon as the registration of real property for specific requirements in order to improve our notice registration system.