On The Real Estate Registration System Defects And Improvement

Registration of real estates is the facts to jot down the items of the real estate concerning the applicant in the real estates register through his applying to the naiional full-time section.There exists a few institutional lawmaking styles of real estates register in the international community. For instance, Germany has in addition to the provisions concerning registration of real estate in its civil code, produced exclusively Regulations in registering the German land. In Japan and Korea, there are the independent laws of real estate registers and in the United States the registration of real estate belongs to dispersion lawmaking.In the international community, there exists three kinds of main real estates registration system, namely contract registration system, right registration system, Thorence registration system. Three kinds of registration system all have their merits and demerits, but among them Thorence registration system is more like our state' s. According to those theories in civil law, the legislation of registration resistance demonstrates those theories of sacred ownership, autonomy of private law, determination freedom and identity principle whereas the legislation of registration prerequisite shows those theories of government interfering into private rights, real right behaviors and showing principle. However, as for the two kinds of different registers effect, registration prerequisite has its own priority. According to the legislation value, the mindset of contract registration is determination freedom whereas the mindset of right registration is trading safety and efficiency is themindset of Thorence registration.In real estates registration system, the organization of real estates registration has the special status. In this globe, there are legislations that court, administration organization, and other organizations act as registration sections. That in Hong Kong is worth learning by our governments in mainlandThe type of real estates registration is important items of law of real estates registration, including real registration and preparatory registration. The real registration includes general registration, registration of change, correction of registration, reply of registration,deletion of registration, loss of registration and the like. Preparatoryregistration differs in different countries, but its effects is nearly thesame.According to the history and present lawmaking conditions of it, our state's real estates system has a few defects. From the macroscopic analysis, regulations scattering in laws, conflicting, laws did not cover the real estates that should be registered. From the effect analysis of the real estates registration, our country adopts the registration important item doctrine and registration confrontation doctrine, without distinguishing effects of the reason of the real estates change. From registration sections' point of view, the section, the certificate and the procedure of real estates registration are not concentrated. From concrete items of the real estates registration, the behavioral regulation of our country's real estate change register is not reasonable, the type is not complete, the problem of compensation to incorrect registrationVIcan't be solved effectively. The main reason of above situation is caused by the inertia of the interest conflict among different departments under the planned economy system and the weak research on theories of the real estate registration.We can overcome the defects of our system of the real estate registration .According to the mindset of real estate registration,we should choose the free , safe and efficient fundamental theories of it. At the same time we should absorb those valuable ingredients from the three systems of registration. To perfect the concrete items of the real estates registration, we should first establish an unified law of the real estateregistration. Secondly, we should set up the common sections of it. Thirdly,we should develop its types.In the future legislation cons...