Study Of Real Estate Registration Censor Standatd In China

Registration Censor is one of the essential contents of the whole real estate registration system. However, regarding either standard or methods of real estate censor, the current laws and regulations, such as Property Law of the People’s Republic of China (hereinafter referred to as Property Law), and Interim Rules on Real Estate Registration, effective at Mar.01,2015 do not provide explicit and detailed definitions. Therefore, currently, regarding the standard of real estate registration censor, there is no identical understanding in theory, legislation and practice, and conflicts between Substantive Censor and Formal Censor still exist. Since there are differences of real estate registration censor standard, while registering the real estate at different registration center at China, for similar registration situation, there are different results at different areas. Besides, the different opinions of real estate registration in judicial system and registration professionals lead to the legal risk that registration professionals might hold responsibility and compensation cause by "censor too less". To avoid this, sometimes "censor too much", which makes it urgent and necessary to define and improve the real estate censor standard.This paper is divided into seven chapters:Chapter One is about the introduction of the topic, mainly to raise the topic, to state the research methods and ideas, focusing on significance of the study. Chapter Ⅱ is the general introduction of Real Estate Registration System. In Chapter Ⅲ, The author summarized the two theories of real estate registration censor standards. Chapter Ⅱ and Chapter Ⅲ is the introduction of theory and sets the theoretical grounding for the paper. Chapter IV is one of the important charters of this paper. By stating the current situation of real esteem registration censor standards, the author analyzed the legislative status, legislative problems and different opinions and reasons hold by different people for real estate registration censor standards. Chapter V is of top priority of this paper. Based on the practice and actual cases of cities such as Chengdu, Shenzhen, it is demonstrated in details that uncertainty of real estate registration censor standard might result in conflicts by different areas and conflicts between different departments, so as to further discusses how to improve the real estate censor standard of China in actual practice from the aspects of application subject, application object and application contents, etc.. Chapter VI points out the important issues that should be paid highly attentions to, and with these problems solved, it will have great significance to improve the implementation of real estate registration censor standard. Chapter Ⅶ is conclusion.Throughout the paper, the author always pays attention to the effectiveness of the law. Therefore, the author is not confined to discuss how to improve real estate registration censor standard by the perspective of the protection of property rights, instead, from the perspective of teleology, the author discovered that the real estate registration censor standard should be censored by main elements of property item by item, such as registered subject, registered object, and the registered contents, mainly by formal censor, supplemented by substantive censor. In terms of formal censor, the duties of prudent should be fulfilled to censor whether there are special situations of the registered real estate, meanwhile, to strictly implement all procedures and take full use of current censor methods. While in terms of substantive censor, all measures should be taken to be beyond a reasonable doubt, to ensure the correctness of the registration.