Legal And Economic Analysis On The Damage Compensation For The Real Estate Registration Mistakes In China

The damage compensation for the real estate registration mistakes is the important issue in the legal practice in China, but it is prescribed only in the Reality Law and prescribed obscurely. So it has considerable significance to perfect the system of the damage compensation for the real estate registration mistakes. Although there are many researches on the damage compensation for the real estate registration mistakes in the Chinese Traditional Academic, it isn't thorough and it couldn't explain some issues uniformly, objectively and feasibly if using traditional legal research methods. Legal and Economic Analysis methods have unique advantages. It is the thesis'innovations to explain related issues for the real estate registration mistakes in China, using the cost and income theory, the marginal analysis theory, the biggest efficiency theory, and so on. Under the economics, the determining liability principle of the damage compensation for the real estate registration mistakes should choose fault-liability principle, which has many advantages, such as higher efficiency, encouraging parties to avoid or reduce damages more effectively by proper prevention, and realizing the effectiveness of the law more fully. The assessment standards of the fault-liability and causation are the fundamental issues related to the liability of the damage compensation for the real estate registration mistakes. By changing thought and using economics theory, the assessment standard of the causation could be converted into that of the fault-liability, and the assessment standard of the fault-liability could be converted into comparing the prevention cost and the expected loss, so the assessment standards of the fault-liability and causation have stronger feasibility, lower cost, and higher efficiency. After the constitution of the liability of the damage compensation for the real estate registration mistakes, the concrete sharing approach of the liability is different under the different registration mistake situations. Of course, the range and the calculation of the damage compensation are also very important and practical issues. By legal and economic analysis, the range of the damage compensation should include the victim's direct loss, indirect loss, and be limited in the victim's actual loss. The specific amount of the damage compensation could be determined by using the calculation methods of traditional law and economics of the law about the damage compensation.