Research On The Notice Registration System

With the development of market economy, the real estate market has become increasingly active,especially in pre-sale of commercial house market.However,the continuous development of real estate industry also has brought a series of social problems,especially real estate developers often driven by the rising price,sometimes have a house with "two sold" as well as "more-sell" acts against the market principle of good faith. These acts seriously damaged the interests of people who will buy the house.In order to safeguard the interests of people who will buy the goods and the security of transactions, the system of the contract registration of pre-sale commercial house has been established and developed.But the system of the contract registration of pre-sale commercial house is not what we usually refer to the notice registration system, both of which have differences in many aspects.With the promulgation of the’Property Law"in2007, the notice registration system in China has been officially established.It can be said that this is one of the highlights of registration system.However, because of this system in China started not so long,there are still many shortcomings when it is compared to the extraterritorial notice registration system, and also encountered many difficulties in practice.Therefore, this article hopes by describing the basic issues of notice registration system,by the comparison of extraterritorial notice registration system, and then find some deficiencies and put forward some legislative proposals based on our current legislative reality. Moreover, the study of this paper is divided into the entity and procedure two respect,avoid the study of valuing the entity and slighting the procedure.Full Text includes the following sections:The first chapter is an overview of notice registration system.Including the position of its concepts, the study of its origin, domestic and international discussions on the nature of the notice registration system and put forward my view, characteristics of notice registration and its value.The second chapter is about the comparative study of extraterritorial notice registration system, introducing the notice registration system in Germany, Japan, Taiwan. The study include the scope, effectiveness, the program of start, the reasons of its elimination and so on. But also analyze similarities and differences between them and then point out the causes.The third chapter is on the current development of notice registration system in our country and recommendations in order to improve the system,which includes a comparative analysis between the contract registration system of pre-sale commercial house and notice registration system, and the analysis of local legislation before the notice registration system was established and the system’s establishment and development.By analyzing its shortcomings and lack of notice registration system from aspects of the entity and procedure, then put forward some suggestions.Finally, I hope this article through the study of the notice registration system, can make notice registration system in China really play out its value and capabilities.