Property Announcement

Property publication system is an important content in the law of property. It's a necessary basis to establish the order of property, to protect property and to guarantee the safety of transaction .It has been developing and perfecting all long with the change and development of property. There is still no strict property publication system in China so far .The Chinese legislation of property publication must be based on the development of property and Chinese reality, and established the system of property publication which is in conformity with China's own characteristics.The paper is divided into four sections except foreword and epilogue. After summing up the general theory of property publication, the author expounds the means and effect of the property publication .On the foundation of understanding property publication system wholly and systematically, the author analyzes the current situation of China's property publication system, and gives some suggestions on legislation about establishment of China's property publication system.The first section elaborates the general theory of property publication. At first, this section explains the concept of property publication from its meaning, method, developing and target, namely, the producing, altering or vanishing of property must be shown from outside way. The value of the property publication system is to clear the ownership of property and solve the property conflict, to protect the trade security and maintain the trade order, and to reduce the trade expenses and raise trade efficiency. As for the means of property publication, in general, the means of personal property publication is possession or delivery, and registration is the means of real property. About the target of property publication, I agree to "saying in unison". Then this section discusses the two legislation modes of propertypublication—the defensible mode of publication and the creation mode of publication. The paper describes antagonism between the two modes by comparing the difference in systems of transference and property publication among France, Japan, Germany, Austria and Swiss.The second section elaborates the means of property publication. At first, this section explains the main content of real property registration from its three systems, kinds, registering organs and rights asking for registering. Secondly, this section explains possession (delivery) which is the means of personal property publication. On the other hand, under the special circumstances, the registration is the means of the personal property publication, but the range of personal property registered is limited.The third section elaborates the effect of property publication. The author describes the defensible validity and indication validity of property publication .The defensible validity of publication is expressed as 'no publication, no defensible; there is publication, there is defensible' .The defensible validity of publication works saliently in the defensible mode of publication and works to some extent in the creation mode of publication .The author explains defensible validity of delivery and registration separately .The indication validity of publication means that the party who conducts property transference for fake publication treats the right relations of publication as real right relations. This departs the forms from real relations and makes the forms valid independently. The author discusses the indication validity of possession and registration separately. Since registration is a relatively integrated publication means, enduing registration the validity of publication quite reasonable, while possession, as an insufficient means of publication, causes suspicion on the rationality of its indication validity.The fourth section discusses how to perfect the property publication system of our country. The author analyses the currentsituation of property publication system in China at first, and thinks China has not set up the property publication system yet, according to the current legislation objectively. At the same time, the author points out the problems that exist in property publication system in China, which should be solved through the legislation of the property. And then, the author gives some suggestions on the legislation of the property publication system in China: first, setting up the principle of distinguishing in change rule of the property; second, setting up the legislative mode of property publication of our country, regarding credit formalism as the principle and credit meaning doctrine as the exception; third, setting up perfect real property resignation system.