The Research On The Liability Of Real Estate Registration Error

In the2007“Property Law” promulgated, has played a positive role in the protection of propertyrights in China. Its provisions for real estate registration system, an objection to registration, correction ofthe registration error of real estate registration system of legal remedies, to clear the registration error whenthe real estate registration office shall be liable for compensation to address the urgent need to address themaintenance of social property order, a milestone in the process of China’s rule of law.The importance ofthe relationship between the national economy and in view of the real estate registration system, once anerror occurs, the consequences are often very serious, issues related to real estate registration errorcompensation,"Property Law" is only21provides for the registration authorities in the registration errorshould be liable for compensation but for real property registration authority under what circumstances tobear responsibility, as well as the nature of the liability and responsibility principle,constitute elements ofthe standard of compensation and other issues without making detailed provisions, leading to the provisionin the judicial practice, the lack of operational also theoretical circles caused a big controversy, which is notconducive to improve the protection of personal legal ownership of property and China’s real estateregistration system, and not conducive to strengthening the sense of responsibility of the registrationauthority.In such cases, the real estate registration agency for the study, from the nature of the registration act,analyzes the registration error causes and types, as defined in the real estate registration error attributable tothe principles and elements of liability and other issues, and on this basis points the creation of views onhow to resolve the liability of real estate registration error. This article from the following four parts todiscuss:The first chapter, first determine the object of this paper is a real estate agency.Registration errors aregiven clearly defined and analyzed the difference between the registration error and the error log, the errorof the registration of this study is the existence of the fault due to the registration of real estate agencies andtheir staff, resulting in the registration results inconsistent with the actual situation, so that the rights of thelegitimate rights and interests compromised situation. Comparison analysis of three real estate registration system in force in the world today, brief description of the nature and characteristics of China’s current realestate registration system, and lead to the specific reasons for the error of the real estate registration and thepresence of harmful consequences.The second chapter, the legal nature of the liability arising from the mainly discussed the real estateregistration error. Given the nature of the act of registration of real estate related to the real estateregistration error nature of the liability and compensation of registration errors relief, through the analysisof the theoretical circles on the registration act of the administrative action or civil behavior of the dispute,the registration of acts of civil property. And thus negate the point of view on real estate registration errorcompensation of executive compensation, derived from the real estate registration error,the source andrelated system, the liability of real estate registration error should belong to the civil dispute, apply to civilproceedings to obtain civil compensation.The third chapter, based on the above, the liability of real estate registration error Elements analysis,that the registration of real estate agencies and their staff need to exist subjective fault that the fault iscaused by registration errors, and the fault leading to the legitimate interests of rights in real estate hassuffered damage, including direct and indirect losses; then through comparative analysis of severalimputation principle of academic controversy, combined with the above discourse on the nature of realestate registration error liability, real estate registration authority bear the registration of the registrationerror of liability attributable to the principle of liability for fault.The fourth chapter, as the focus of this article, the liability of real estate registration errors bear to putforward a few bold ideas first is the prevention of liability risk, it is recommended to improve thepre-review process, the notary system into the review process and setup person access conditions, toincrease the qualification threshold for registration staff and the establishment of the credit rating system;liability risk-sharing, it is recommended the introduction of the system learn from the U.S. insurance,investment and professional liability insurance practitioners, to establish and improve the fund system; realestate registration error compensation, the source and mode of payment of compensation have done somebold ideas.Through the four chapters discussed, I hope to provide some help to improve China’s real estateregistration system, the real estate registration error compensation can be effectively implemented, the real estate registration system can truly become the umbrella of the people’s legitimate rights and interests.