Research On Compensation Liability Of Real Estate Registration Error

The property law in our country adjusted the legal relationship which was based on the ownership and exploitation. The implementation of the property law plays a huge role on the healthy development of socialist market economy of our country and the confirmation and protection of civil rights. Furthermore, The property law has build the real estate registration system through special sections, which set up the complete system, including real estate registration system, dissidence registration, registration correction and the legal relief of the error registration and clear about the applicant of the registration error and the damage compensation liability of registration organ that pay attention to the legal concept of rights protection. The property law, however, only in article 21 sets that the mistaken of the registration would take responsible for the liability for damages, which are too principled and has no clear specified about the responsibility for the nature, liability principle, the scope of compensation and other specific operational problems. At the same time, the provisional regulations on real estate registration also did not make specific response to these questions. Because of this situation, this paper is used the real estate registration as the core and based on real estate registration error, analyzing the registration error compensation problems of practice and theory schools of thought contend, which includes the properties of responsibility, responsibility and liability form, on the basis of the realization of the damage compensation liability and security system are discussed. This paper consists of five parts:In the first part, I will analyze the present situation of the registration error compensation in our country at present stage from the aspects of legislation and practice. And summarize the plight of the damages through many cases, including the contention of liability nature and litigation mode.The second part emphasizes the analysis of the registration error compensation liability in our country. Firstly, by the four kinds comparative discussion of the real estate registration’s nature, which clear about the private law behavior that conforms to our country present situation; Then briefly discusses the concept of real estate error registration and registration errors under the legal framework in our country; Again under the above two points and contrast demonstration between the nature of the liability for damages in state compensation liability and civil liability, I claims that it much conforms our country legal and meets realistic need if it defines as civil compensation responsibility.The third part of this paper discusses that the damage liability is replaced by fault liability which is more legitimacy. Under the support of this view, this paper discusses the component elements of the responsibility of the liability for damages: tort, damage fact, causality and subjective fault of four elements.The fourth part, the focus of this paper, which determine the applicant and the registration organ respectively under tort shall bear the liability should be according to the copy of form through the analysis of registration error compensation of different forms of liability claims, including joint and several liability, supplementary liability, not really joint and several liability and the responsibility.The fifth part is the propose ideas of registration of real property. Strengthen professional registration staff from the registration system itself, in advance to prevent the registration error occurred and consider the after engaging compensate. Given the circumstances, the development of commercial insurance and fund system tends to be widespread and we can ensure the victim’s right to full and timely relief by introducing the compensation fund and liability insurance system, while ensuring the normal development of society.This article hopes can offer a little help in the improvement of the system of real estate registration error compensation through analysis and discussion of the real estate registration error compensation.