Real Estate Registration And Examination System

The registration and examination system is the core content of the real estate registration system,after the Property Law enforcemented,causes each academic study. The most serious is between the form of review and substantive examination.The examination standard,the review of content,review of the scope and limit,all can't be clearly defined. Presents a new old two kinds of concept and system of the interleaver.sometimes, the same type of real estate registration review standards are not the same,review the content not the same.Real estate registration and examination system of the most obvious is the lack of theoretical basis is not clear,the design of a simple rough, directly lead to operational difficulties. The academia many researches are carried around the science of civil law,but the Administrative law on this issue is obviously inadequate research. This paper tries to abandon the long form of the" thinking" and Practice, think seriously about how in the public context reasonably and accurately apply law, seeking to meet the development of our country real estate registration standards of review, review, review the best solution content limit.This paper is divided into three parts: The first part from the aspect of administrative law confirmed the nature of real estate registration, task, effectiveness, analysis of the real estate registration review system in legislation and practice as well as to regulate the real estate registration review of the necessity of the system. Realization of public power and private rights between the dynamic balance, in the legal regulations on is to take the administrative power line set in the real right the most basic principles of justice, limit the property right violation, and the protection of property rights control space, put an end to the administrative right of arbitrary interference, and make administrative power to exercise freedom amplitude, thereby realizing property right and administrative right and harmonious interaction.At the second part, I had mainly according to the real estate registration practice predicament, to the real estate registration examination system existence imperfect legislation, review the standard fuzzy uncertainty, review procedures and other issues of practical significance analysis. On the legislative defects that lead to real estate registration review criteria and registration review, review and review of responsibility responsibility capacity contradictions are analyzed and demonstrated, and the circles of theory and practice the contradiction and conflict and registration procedures and mass expectations between problem offerred his original view.At the third part, I focused on improving the real estate registration examination system the suggestion and the countermeasure, after analysis and demonstration on the basis of these work, I put forward by the professional registration of intellectual and professional quality and rich practical experience in the registration of Housing Department to undertake real estate registration is currently the most reasonable choice,real estate registration review criteria should be in the form of review and complementary with necessary supporting system, the establishment of proper procedures and rules, appropriate to introduce compulsory notarization procedures, and effectively implement the registration officer system.This article hopes to registration practice the problems found in the analysis and argumentation, in the legal provisions are not clear, system is not perfect, and the theoretical research is relatively weak moment, on the real estate registration department to exercise public power value orientation, to review the concept and review system to benefit the building, thus realizing the real effective management so as to maximize the protection of the credibility of registration.