Feasibility Analysis On The Real Estate Middle Abbreviation

Registration system is an important legal way to maintain economic order and safeguard transition safety. Publication is of quite necessity to establish and maintain the economic order. Real property registration is mainly to increase the credibility of publication, which is the goal that the capitalistic countries have been seeking in modern times. Real property registration can make the property right clear, promote the real property commercialized, and make a great contribution to the transition safety of the real property.However, as the development of the economy, the value that real property registration embodies has changed. In the past it was with the "All" as the main aim, but now "Derivation" has become the theme of property right registration. How to get the maximum profits, reduce the cost and increase the transition efficiency has become the mainstream goal in real property registration. The traditional property right registration has two major types, one is registration confrontation doctrine, and the other one is registration effection doctrine. The major difference between the two types is the effect the property right plays in the alteration. In the registration confrontation doctrine, registration is not the necessary condition in real right alteration, the real right not registered can also go into effect. However, it is the other way around in registration effection doctrine, the real right not registered cannot go into effect. The ninth article in our country’s Property Law stipulates that the establishment, alteration, transition and eradication of the real property right takes effect after legally registering; no registering, no effect, except for other stipulation by the law. From the above we can see that our country takes the registration effection doctrine.In the modern society, the real property transition becomes more and more frequent and the circulation is more and more fast. The fussy registration effection doctrine hampers the speed of transition. Therefore, middle abbreviation has appeared in recent days, we call it middle abbreviation system. Middle abbreviation can simplify the registration formality, facilitate the transition and be of huge help for real property transition. Different countries have different perspectives towards middle abbreviation, they do not accept wholly or abandon wholly. But in our country, the middle abbreviation is not admitted. This is the problem that we need to solve.In the first class of Economics, we learned a concept of "rational economic person", that is the person is rational and selfish; he or she can make the most suitable decision for his or her benefit. On the basis of it,"public choice theory" appears. We can use these economic methods into the law, through computational analysis to make our choice and draw a conclusion.This paper starts from the history and development of the real property registration, and leads to the issue of middle abbreviation. This paper uses the two analysis methods of Economics:"rational economic person" and "public choice theory" and makes a hypothesis. Through careful study and proving, this paper draws a conclusion that the registration effection doctrine is inconformity to our country, and we can wholly accept middle abbreviation at the present stage. At last, this paper adopts the middle abbreviation claim, and briefly introduces several methods to deal with the middle abbreviation problems.