Study On The Responsibility Attribution Of Housing Registration Defects

Recent years,with the rapid development of market economy, real estate market has been getting more and more prosperous, the real estate registration system, as an important means for guaranteeing the public trust of real estate exchange, turns out to be more crucial. It plays a vital part in the aspects of maintaining the order of real estate market and guaranteeing the security of real estate exchange. However, housing registration system in our country, especially the accountability mechanism when the registration has defects, isn't sufficient. This paper is a discussion about the attribution of responsibility and accountability when housing registration has defects. When I was an undergraduate, I was very interested in Real Estate Law and attended three courses on Real Estate Law and relevant laws. At present, I'm involved in a suit about house mortgage. In that case, the involving housing mortgage registration has defects. There was an administrative proceeding which judged the legal effect of registration during the civil proceeding. Thus, during my graduate studies, I was still very interested in questions of housing registration, and sought advice from several teachers. Finally, I chose this topic as my dissertation.There are four parts in this paper:The first chapter of this paper is an overview of housing registration. In this chapter, I specified the choice of registration system and the internal relevance of modes of property rights alteration. After a brief analysis of the housing registration system of our country, I put forward the notion of housing registration defects, and highlighted its typical manifestations.The second chapter mainly related to the classification and judgment of housing registration defects. This part involves the classification of housing registration defects or errors according to the defect reason, the defect degree, the defect content and the time that error happens in housing registration. Then I put forward the typical methods for judging the registration defects. This typed study is helpful to the systematic construction of housing registration defects and does good to study the attribution of registration defects responsibility thereinafter. This is the reason why I single out the classification and judgment of the housing registration defects.The third chapter focuses on the attribution of responsibility in housing registration defects. In those disputes which are caused by housing registration, there are generally administrative legal relationship which is between the longitudinal parties (administrative organs and private parties) and civil legal relationship which is between those transverse parties. Thus, inevitably, the subjects of accountability comprise the infringer in the civil dispute and the registration authority that has faults. During these circumstances, how to divide responsibilities, especially when the registration authority compensates, and the implementation of compensation liabilities are the focus of this chapter.The study of the fourth chapter is based on the third chapter. It is a discussion about the accountability after identifying the responsibility sharing of the parties. This chapter brings forward a new settlement mechanism applicable to defective housing registration cases, which is the administrative supplementary civil proceeding. It carries out a comprehensive analysis from the feasibility, reasonableness and specific procedures of the application.The typical conclusion in this paper is the nature of the housing registration should be confirmed on the basis of specific situation;The attribution of responsibility in housing registration defects should be confirmed on the basis of equity;The final revolution of this case is to use the administrative supplementary civil proceedings,but the recent revolution of this case is to perfect the administrative proeeding and the civil proceding.