Study Of A Number Of Issues Of Real Estate Registration

In the first part of the thesis, the concept of real estate registration is defined. In view of the dispute over if the real estate registration is civil behavior, Administrative behavior, Administrative confirmation or Administrative Licensing, it is introduced that the nature should be application administrative behavior, meanwhile the real estate registration is the concrete administrative act the state administrative entity conducted upon the applicant, representing the reasonable intervention of state administrative power upon the real estate ownership, falling into the category of administrative confirmation. To a step further, as the foundation of modern legal system of real estates, registration certificate has three main functions, namely, confirmation in ownership system, public announcement in trade system, management in management system.In the second part of the thesis, by explaining different audit standards, it is proposed that the audit standard at real estate Registration Organization is, as a matter of fact, a mixture of audit standards, i.e. on principle of performa audit, actual audit for exceptions. Furthermore the audit obligation of audit standard at real estate Registration Organization of defined. In China, registration audit is a standard programmed administrative behavior. Currently audit by registration organization is limited within the scope of their functions and powers.In the third part of the thesis, by defining the liability of real estate registration organization, the liability-bearing is proposed and the compensations system is perfected. during real estate registration, the registration organization is exercise the power prescribed by relevant law and regulations, representing the state management over the real estate ownership. The relationship between the Obligee and the real estate registration organization is management, rather than Civil legal Relations between two civil subjects with equal status. The compensation to any loss caused by wrong registration at registration organization should be administrative compensation, following administrative procedures applicable instead of civil compensation procedures. The legitimate rights and interests of the obligee could be safeguarded only when the compensation mechanism is perfect and performed effectively and properly.Through the thorough research of the issues above-mentioned, in accordance with "property law", from the legalization point of view, the legal experience and theories are drawn to perfect China real estate registration system which would help real estate registration organization to perform its obligation, safeguarding the legitimate rights and interests of the obligee, thus advancing the sound development of real estate industry, maintaining the economic sustainable development in China.