Study On The Advance Notice Registration Of Real Estate In China

With the promulgation of Real Right Law of the People’s Republic of China in2007, the registration system in our country has been further improved. Among all the innovations, the newly established advance notice registration of real estate, which was confined to some local rules and regulations before and was therefore anemic in its influence and effects, has kept pace with the booming real estate industry of our country in terms of preventing such economic malady as "One House Sold to Two Buyers" and offering better protection for interests on the property. However, the inadequate analysis of theoretical grounds and lack of corresponding procedural laws leads to the unsatisfactory application of this system, leaving much space for further research. Having done extensive literature research, the author tried to suggest some changes on the present laws of our country, aiming to provide stronger protection for the advance notice registration applicants.In order to improve the advance notice registration system, the nature of the right of applicants must be clarified first. Therefore, the first part of this article is dedicated to the general introduction of this system such as its nature and value, clarifying its nature and enlarging the range of its application. The analysis in the second part focuses on the comparison and contrast between the Chinese laws and foreign laws, as well as the national legislation and local rules, making some suggestions on linking substantive laws and procedural laws. The third part pivots around the clash between advance notice registration and seizure registration. The fourth part seeks to offer relief to the rights of both parties in the process of application, including the right of defense as well as remedies in the case of registration mistakes, underscoring offering compensation to the applicants in the case of registration mistakes. The conclusion comes at the end of this article.