On China 's Real Estate Trust Registration System

Trust system had a fame of "the jewelry in the crown of the common law", which was originated from England. Trust is one of the four instruments in modern economy; others are bank, bond and security. Trust created kinds of property management modes by using its elastic characteristics, to format the characteristics of "having people’s trust, being entrusted to do things and manage properties for others". In view of the unique property management for Trust, the continental law countries, like Japan, Korea and Taiwan had imported the Trust system. Chinese Trust system also had been set in 2001 with the<The People’s Republic of China Trust Law> (hereinafter referred to as<Trust Law>). In our social lives, the real estate has the characteristics of high economic value and great social effects, which is suitable for setting Trust as Trust properties. Therefore, there are many people requiring the estate registration institution to register Trust in practice. However, the missing of Trust registration system greatly hinders the development of the estate Trust. In practice, Trust companies set the estate Trust business only limited in the estate properties which do not need to be registered as Trust. There are few of estate property business for using the estate as Trust property. Also, the supervision department only supervises the estate property Trust. Therefore, if the "exotic", Trust system can be used to serve our economic construction, especially achieve the hematopoietic function for our estate economy, the estate Trust registration system need to be perfected, having legislation for estate Trust registration.To perfect our estate Trust registration system, this paper will analyze from 3 parts. Firstly, is to give the definition of estate Trust registration. The estate Trust registration is deferent from property rights alteration registration. The estate Trust registration is that estate Trust parties apply for the registration, and then the estate registration institution registers relevant items in the registration book, provides searching services for parties, the 3rd party and supervision department to maintain the security of transaction and protect official department supervision. This registration is an administrative action. The objects of the estate Trust registration are the Trust property and the Trust legal relationship. The contents of the estate Trust registration are the objective situation of Trust property, Trust legal relationship and Trust document. Secondly, is to advise the effectiveness of our estate Trust registration is revised to registration confrontation doctrine by comparatively analyzing the merits and drawbacks between registration validity doctrine and registration confrontation doctrine. At last, if the estate Trust registration institution makes wrong registration, there would be great effective for the Trust parties’ rights. So, our estate Trust registration institutions should pay the compensation when they make mistakes according to the powers and responsibilities consistent theory. This paper will construct our estate Trust registration institution faulty registering compensation system, which is from four aspects, the character of estate Trust registration compensation responsibilities, the components of compensation responsibilities, the range of compensation responsibilities and the compensation responsibilities fund.