A Study On The Legal System Of Real Estate Registration

The concept of property rights is to prompt civil subjects or trading parties to make the full use of limited resources in the society by utilizing the abundant while not conflicting legal forms of property rights. A perfect real estate registration system could function as a meaningful method to clarify the ownership, encumbrances, property rights condition or other rights matter of a real estate, from which any other third party would be able to relied upon and make respective decision afterwards. The real estate register would add to the trading order, as well as protecting the legal rights of third parties. As the surging wave of urbanization is still going up and all kinds of real estate transactions emerged, the market calls for a more efficient and well-improved real estate registration system. For the moment, a unified registration network has not yet been set up and effective civil remedies for the victim who suffered from false registration are still in absence, which induces market unfairness and legal risks for dealing parties. Regardless of how fast the real estate market develops, we cannot be enthusiasm but to seek to find possible ways to reduce these risks. This paper will look into the fundamental theories of real estate registration, and give some personal suggestions as how to solve the problems emerged in the current legal practice.This paper will be divided into three parts:the first part would deal with the basic theories of real estate registration, address the nature and effect of real estate register (Chapter One), discuss about the importance of real estate registration (Chapter Two) and emphases the legal basis of a well-improved regime (Chapter Three); the second part would starts by a brief introduction into the real estate registration system of other jurisdictions (Chapter Four), then goes to the defects of our current system and the problems emerged in past legal practice, and discuss what could be done to improve the current system (Chapter Six). At last, Chapter Seven will summarize this paper and address the measures we should take in the three aspects of legal, institutional and technical.