The Study On The Real Estate Registration Error Compensation System

Real estate registration error compensation system is an important system of the real estate registration law, the" property law" of our country although made the system the rules, but the rules are just principle. The relevant registration error compensation liability, the principle of liability, scope, liability and liability of the implementation issues are not clear. To this, the academic and practical circles also controversial. On the problems of theory and practice of carding and argumentation in the author’s point of view is very necessary. This paper from the registration of substantive meaning, the nature of the registration act of registration error, analysis of liability nature of the legal basis; from a legal necessity and legal case analysis, our registration institution shall be liable for compensation shall be the nature of state compensation liability. Based on the related theories and demonstration, to improve our registration error compensation system of reasonable proposal provides the necessary theoretical foundation.In this paper, except the introduction and conclusion, is divided into the following four parts:The first chapter of the real estate registration errors of clarifying the definition, pointed out the registration error and the error register are two different concepts, registration error is one of the reasons caused the error register. Analysis of registration error compensation liability, the registration error compensation is divided into three categories.The second chapter of the real estate registration errors of liability for damage to the nature by theory, from the registration of the concept, the nature of registration, the registration institution properties as well as carding registration error compensation liability nature of the legal basis. Point out from the angle of procedure law, the nature of the registration act is the law of nature should be. Put forward the civil compensation responsibility and the state compensation liability is not either this or that the logical relationship, the real estate registration error compensation liability of state compensation liability.In the third chapter, clear the nature of compensation liability basis, put forward the registration error compensation liability principle should adopt the principle of presumption of fault; the scope of compensation for the direct loss; analysis of the registration error compensation liability of elements.The fourth chapter according to the theoretical analysis and demonstration, and combining the reality of our country, in order to perfect the system, the author puts forward the following suggestions:One is the" property law" article twenty-first paragraph second refinement for combination of tort, joint tort and registration agencies separate tort liability forms three, three cases of the registration organ shall bear the responsibility of national compensation; Two it is suggested explicitly registration compensation scope should compensate the direct loss; Three is recommended the establishment of compensation fund system and registration of occupation liability insurance system.