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On The Establishment Of A Unified Real Estate Registration Office

Posted on:2012-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:C C ZhouFull Text:PDF
GTID:2216330338459391Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In civil law, things are very important class of objects. Position in space according to matter whether the damage to its value on the mobile standard, the material is divided into movable and immovable property. The so-called real property means:according to the nature of objects in space even though it can not move or move, but the move will undermine the value of the property. Real estate has great economic value, with people's lives, indispensable for the subject in terms of legal significance; At the same time in terms of real property for the society and the state, also has very important significance. So the law through its real estate registration system to be regulated. "Property Law" Article 10, paragraph 2:"The state exercises unified real property registration system. The scope of the unified registration, registration authority and the registration method, by laws and administrative regulations. " Which established in China to establish a unified registration of real estate registration system principles. But the scope of registration, registration authority and the registration method is not given to specific issues such as regulations, but rather by other laws and regulations. However, because of China has yet to formulate a unified, "real estate registration law", together with theoretical knowledge and practical differences between the different operations, which makes our country more than appears on the registration of real estate property registration office on the property to "distributed register Fragmentation" of the chaotic situation. The emergence of this situation not only makes the spirit of property law can not be embodied and implemented, but also caused a lot of practical inconvenience and some may even hinder the system of legal systems, resulting in conflict between the law and hinder real estate Smooth flow of the healthy development of the market economy. Therefore, China's real estate registration system reform, establishment of a unified real estate registration office is imminent.For how to set up a unified real estate registration office in China, Which scholars have put forward different points of view, other countries and regions also have different doctrines and legislative cases. In this paper, the majority of scholars, based on painstaking research, drawing on other countries and regions of the enactment of legislation, The concept of real estate registration office from the start, in-depth analysis of the function of real estate registration office, the legal nature of real estate registration office on the status of real estate registration office with a reflection, Thus proposed the establishment of a unified real estate registration in the organ of the measures, Clear "three steps" to carry out real estate registration office on the reconstruction of the theory, in order to build a unified real estate registration office in China.Paper is divided into three parts, a total of about 3.8 million words.PartⅠ:Overview of real estate registration office. The part of the concept of real estate registration office by the cut, into the details of the concept of real estate registration office, functions and legal nature. Which defined the authority of the legal nature of real estate registration and the establishment of a unified real estate registration office of importance.PartⅡ:Status of real estate registration office and reflection. Part Status is discussed from three aspects:The first set of real estate registration office in the unreasonable, mainly to set up different for different property registration authority, which makes many of the real estate registration office, far from uniform. Second, on the real estate registration office of the theoretical basis of understanding is not uniform. Third, the legal basis for real estate registration office is not uniform. Reflect part of the status of real estate registration office in China the evils of in-depth discussion, Pointed out that we must want to reform the current real estate registration office, the establishment of a unified real estate registration office. This is not only theoretically, even more immediate needs.PartⅢ:Reconstruction of real estate registration office. This section first describes the establishment of the feasibility of a unified real estate registration office, One theoretical possibility-On the Public Trust Principles; Second, the feasibility of practice-real estate registration is achieved norms of property law the procedures and means. Then discusses the choice of real estate registration office-Select county land management department as a unified real estate registration office in China. Finally, discusses the establishment of a unified real estate registration office of the implementation measures Clearly put forward the "three steps" to our existing real estate registration office will be integrated into a unified county-level land administration departments, in order to build a unified real estate registration office in China.
Keywords/Search Tags:Real Estate Registration Office, Unified Real Estate Registration Office, On the Public Trust Principles, Real Estate Registration Law, County Land Management Department
PDF Full Text Request
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