Legislative Perfection On The Advance Notice Registration System Of The Real Estale

The realty advance notice registration system is enacted be in Real Right Law in the first time in the form of legislation, which make up for the room in our legislation. But owing to the deficiencies of the system itself and the rules for advance notice registration in our Property Law is too abstract, it lacks practicality in reality. Although The Promulgation of Housing Registration issued by Ministry of Construction and The Promulgation of land Registration issued by ministry of Land and Resources make more details on the advance notice registration, there are also some imperfections. This article puts forwards some legislative perfection proposals by reviewing the real situation of our country and the present situation and existing problems of realty advance notice registration system, and borrowing the foreign legislative experience. Except for the foreword part, this paper is divided into three parts.The first part is the existing problems of the realty advance notice registration system. the part at first introduces the present situation of our realty registration system, and then summarizes the existing problems of the realty advance notice registration system: Firstly, there is no uniform realty registration law; Secondly, there is no uniform realty registration authority; Thirdly, the scope of realty advance notice registration is limited within a lot of occurrence conditions; Fourthly, the scope of realty advance notice registration is too narrow; Fifthly, the effectiveness of the registration system is very limited; Sixthly, the modification of the system is not perfect; Seventhly, there is no propelling system of advance notice registration system; eighthly, it lacks the regulations of right of claims; Ninthly, It lacks public notice system of realty registration information.The second part is experience summary of foreign legislation and practice. The realty advance notice registration systems of German and Swiss and the Japan are introduced in separate. The conditions, scope and effectiveness of registration and the right of claims by obligor are introduced. The features of the advance registration system in Swiss are that "the human rights" and the limitations of right of disposition are separately stipulated in advance notice registration system. The features of false registration system in Japan are that the scopes of effectiveness of false registration include real right preservation and right of claims for debt. And the conditions are similar with those in German ;the effectiveness includes the preservation of rights , preservation of order and bankruptcy protection and early-warning.The third part is about the legislative perfection of the real estate registration system. The author put forwards legislative perfection proposals from 6 aspects in reviewing foreign existing experience and our actual conditions. Firstly, unify The Registration Law of the Real Estate and the registration organs; Secondly, increase the occurrence conditions and enlarge the applying scope of advance notice registration; Thirdly, make sure and expand the effectiveness of the registration system; Fourthly, perfect the modification and propelling system of the system; Fifthly, increase the right of claims for obligor; Sixthly, perfect information public notice system of advance notice system.