Study Of The Objection To Registration System

The dissenting registration system, which originated from the Prussia law, has a long history in the Civil Law. During its process of development, it experienced two phases and several great changes and finally it is formally established in the Germany Civil Code. Then the dissenting registration system was inherited by the Civil Law countries and made it part of the Civil Code of these countries, such as Swiss, Japan, Taiwan of China. But to some extent, for the difference of the history background and social conditions, the dissenting registration system was localized to different degree in different countries. Some of these transformations are successful while others are proved to be failure. Similarly, since the dissenting registration system was introduced to China in Republic of China period, it had not only played active role but also rejected to the reality in the process of its connection with different periods of Chinese social practice.The Property Law passed on March 16th,2007 and performed from October 1st, 2007 on marked the formal establishment of the Horizontal comparison in China. This new law of the people's republic of China prescribes it in article 19. It is significant progress of Chinese Real Property Registration System. But through the horizontal comparison of the dissenting registration system's development in Germany, Swiss and Japan and the vertical comparison of its transplantation and inheritance in China, it is easy to find that there are still dissatisfaction in the description of the dissenting registration system and many problems to clarify. For instance, the formed elements scope, content validity and elimination of the dissenting registration still haven't been prescribed in detail. This will inevitably lead to many problems in practiceStones from other hills may serve to polish jade. The purpose of this thesis lies in analyzing the dissenting registration system of China with a vision of globalization through the horizontal and vertical comparison to figure out its shortages and find ways to perfect it. The scholars in this field should make their efforts to connect the theoretical study with the social practices of China, to guide the changed practices with the developing theories, to pierce the destiny and the direction the Chinese dissenting registration system with the ancient and modern human race's intellectual and knowledge, to provide a practical way for the perfection of Chinese dissenting registration system.