| The registration system is the important legal means to protect the safety ofcivil transactions. It also has the function to keep the economic developing steadily.The registration is used to confirm the property rights, to maintain the stability of thetrading order，to reduce the transaction costs, to improve the efficiency, and to achievethe state’s regulation and monitoring function. But the existing problems of theregistration system impede its role effectively, especially in the area of registration ofregistration authority error. Without clearly define about the nature of the Real estateerror registration responsibility in theory, the damage caused by the real estateregistration error is difficult to be protected; in the practice, there are many problemneed to be solved, including the complicated procedure to request state compensation,the low amount of compensation for the registration error, the state administrativeauthority over multi-intervention in the civil subject of transactions. This article usestheoretical analysis, historical analysis, empirical analysis and comparative analysis tolearn about the liability of our registration authority error registered. Try to find theway to solve the Real estate registration errors registration liability.This paper’s major idea is the Real estate registration errors registration liability.Registration institution’s error registration is a result of mistakes in the registrationprocess or omissions in the registration content not match with the fact of the rightssituation. Registration error may caused by be registered applicants, the third person,or the registration authority. There are many factors lead to Registration error and alsohas different types of errors registration. Clarify the real estate registration errorsregistration will help to further study about the nature of the liability of theregistration error. The Real estate registration errors’ registration liability depends onthe nature of the registration act. Because the act of registration has a private lawcharacter, we can find that the registration authority error registration compensationresponsibility is civil liability. Then we can avoid the cumbersome administrativeproceedings of the state compensation, this is more convenient and efficient to protectthe legitimate rights and interests of the victim’s. In specific responsibility, the liabilityof the registration of the applicant and the registration authority is different. Toanalyze the elements of the act, we can determine who is going to bear the liability.Specific attribution process must take account of the principle of fairness and Liability Principle. To confirm the registration authority’s responsibility for the case, it needs toconsider does the fault is caused by the registration authority. After the determinationof liability, the main responsibility s compensates for the victim by correcting theregistration，dissenting registration or paying compensation for damages. It can learnfrom the payments system, insurance system and recovery system to improve thecompensation system. All the measures can ensure the implementation of the force toprotect the rights of the victims.By defined the concept of registration error and nature of the liability, we findthe way to reduce the inconvenience in the reality. Building efficient and completeregistration system is the source to reduce the registration error compensationproblem. The article has practical significance to solve the registration errorresponsibility problem. |
