On The Upgrading Of China’s Urban Housing Ownership Registration System

Registration of urban housing ownership, housing management authority registration authority is defined according to the application of the parties, the housing rights of people,, the natureof housing right, right time, right source changing situation as well as the housing area, structure, the value in the register record, to the public in a legal system. The registration of the house ownership has different classification. Housing ownership registration act of civil action and public law has dual attributes. Housing ownership registration system is valuable in maintenance of real estate transaction security, improving the real estate transaction efficiency, housing management authority for the registration of immovable property registration system as an important component of the legal system, in the maintenance of the housing market order, ensuring the security of housing transactions, playing a decisive role. However, China has not yet established a scientific, systematic registration of ownership of housing system. Administrative color on housing ownership registration is too thick, too much government intervention, in the commercial housing transaction, the position of market main body of inequality, as a vulnerable side of the interests of the buyer is often not adequately protected, in collective land rural housing ownership registration, not perfect, property right is not clear, estate is still unknown phenomenon in general. These hinder China’s housing market’s healthy and orderly development. Uprading China’s housing property registration system should go as the following six aspects:land management agencies as the basis, to land registration as a foundation, the land use right, housing property registration unified, the seat of the unified land registration authority jurisdiction, should be in the real estate management department of housing management authority registration of institutions, personnel and information directly into the land management department, set up a special commodity housing ownership registration authority; clear register review mode; introduction of registration of real estate agent system; constructing reasonable relief system, explicitly based on the registration organ causes damages liability nature for state compensation, the registration authority liability cognizance taken the principle of presumption of fault, the compensation scope should be limited to the rights of the direct economic loss and loss of profits, the registration agency exemptions; perfect registration and right to claim registration of restriction mechanism of discretion.