The Dilemma Of China 's Uniform Registration System Of Real Estate And Its Countermeasures

The Property law is the legal basis of the registration of real estate, clearlyoutline the legal effect of registration. The principal of public summons of right in rem is very important, all the real estate will to be recognized by registration. Based on the Property law, this paper will analysis the theory problems and find out the detailed solution. These effort perhaps provide the reference frame for the unified real estate registration system. Registration of real estate is the basic function of the principal of public summons of right, not the public administration. At present, the newest rules about the real estate registration is only an administrative agency regulations, still there a lot of difficulties tobuilt a perfect system, this paper aims to find the thorough system by the perfect theory analysis.The structure of this paper is composed of three parts.The first chapter of the paper explores mainly the basic theory of real property, including the definition of real estate, the nature and function of the real estate registration, historical evolution ofreal estate registration system of China since 1949.The second part analyzes the problems of the unified registration, mainly reflected in five aspects. The scope of registration is not entirely,the state-owned land ownership, quasi-property,and space right are not in the scope, how to implement the contractual right of land registration. The structureof real property register, how to reasonably and totally arrange registration about integration of land and house, construction structure, divisional ownership of building. The registration process and types of regulations, is not comprehensive, the conception is not correctly to be used.The registration organization how to transit from separately registration to unified registration, the registration organs how to adjust the division of work.Besides, the problem exists in legal liability.The third part mainly explores corresponding solution.The establishment of a unified real estate registration system is necessary, we need to make real estate registration laws at first, and pay attention to linking with other laws. The stateowned land ownership, all kinds of quasi real right, the space right should to be included in the scope of registration,implement the contractual right of land registration; real property register choices would in accordance with the right legal relationship accurately; The registration process and types of regulations need to make a perfect rules; the registration organ would achieve the dominant position, build a all-sided information system of real estate right and registration of real estate information platform; This paper offer a suggestion to the detailed legal liability.