A Study On The State Liability Of Real Estate Registration

Since the announcement of the Property Law of the People’s Republic of China, promulgated on October1,2007, the real estate registration embarked on the people’s livelihood has become increasingly important arena as a real property management system, the State Compensation is a modern social democracy and the rule of law, protection of rights in real estate one of the key links of the legitimate rights and interests. This paper attempts to explore real estate registration error of State liability.This paper is divided into four sections, summarized as follows:The first part starts from the analysis of the concept of real estate registration and main mode, briefs the status of China’s real estate registration system, cites the wrong type of real estate registration, and explores the nature of the behavior of real estate registration as well as the related compensation liabilities. The acts of real estate registration is a quasi-legalistic administrative act, and registration error caused liability is a national liability.The second section discusses several State liability attributable principles, the application of the principle of China’s real estate registration error attributable from our National Compensation Liability Principle, and several imputation principles defects and Construction of the Principles of Responsibility recommendations to the principle of presumption of fault-based, supplemented by the principle of fault liability.The third part discusses the State Compensation Liabilities from the mail subject behavior, damage and causation elements, through the analysis of real estate the constituent elements of the national liability case.The fourth part analyses several liability sharing methods through case analysis leads to the real estate registration errors civil liability and national liability-sharing problem, and then discusses the compensation funding sources suited to China’s real estate registration error state compensation mechanism that continue follow the national burden are able to achieve national liability better.Through the above discussion and analysis, it is concluded:real estate registration behavior should be legal in nature belong to the quasi-legal acts of administrative acts, registration error directly affects the rights in real estate, and the administrative authority responsible for the registration in the case of exclusion of the parties to their own reasons should be state compensation responsibility. Real estate registration error state compensation system should start with building a reasonable imputation principles grasp the responsibility of the constituent elements, sort out the sharing of State liability and other responsibilities, and ultimately realize the State compensation liability, protect the rights under immovable property interests and ensure transaction security and social order.