China Property Registration System Analysis And Countermeasures

Real rights registration system is one of the essential systems of real rights law. It reflects the core principle of real rights law_the principle of public declaration, which plays a great role in guaranteeing the safety of transaction. On the basis of the fundamental theories of real rights registration system, the very paper analyses the present situation of real rights registration system in our country with reason. The author thinks that although these three concepts are closely related to each other, real rights registration is not the action of applying for registration or examining registration but rights registration. According to the conclusion, the current registration system in China is no more than registration to things, administrative registration or registration to contract, which reflects the idea of emphasizing public rights and underestimating civil rights, consequently causes extreme mess in practice. Meanwhile, with lacking some important systems or the unreasonable device of them, as a whole, the function of real rights registration system can't be exerted very well .In accordance with causes of conception and system, history and reality and concrete problems, which influence real rights registration system in China, the paper puts forward countermeasures, especially makes a special inquiry into remedies for registration risks and defaults.