The Discuss On The Real Estate Registration Information Disclosure System Of China

The main function of real estate registration system is the demonstrative effect of property. By the registration act during the series of establishing, changing and destroying the property, to ensure and protect the property right, to let the third people be aware of the property right, which will also expand the real estate transaction. The demonstrative effect depends on the implementation of the system. We have built the real estate information disclosure system. But the system is not perfect and is hard to implement. The registration information can not be public effectively and the goal of law is hard to achieve. This paper is divided into five parts. First of all is the legal analysis of real estate information disclosure system. Then are the situation and problems of our real estate information disclosure system. Besides, by analyzing the two legislative models of other countries in the world, take lessons to forward our system.The first part is the legal analysis of the real estate information disclosure system. First of all, depend on the demonstrative effect of property, in transactions involved with real estate, the owner and the interested person can understand the real estate registration information by querying and copying of registration materials. Based on this information to take the real estate transaction thus to ensure their own safety of the transaction. However, the real estate registration information is related to personal privacy, if no restrictions are made, it will infringe upon individual privacy. Therefore the disclosure of the real estate registration information should pay attention to the protection of personal privacy as well. In addition, the real estate registration information has certain relation with the government information, but there is distinction between and they are not exactly the same.In the second part, by analyzing the relevant laws and regulations: "property law", "Real Estate Registration Interim Regulations", "Supreme People’s Court on the trial of housing registration cases the provisions of a number of issues", "housing management authority in the registration information inquiry", "Interim Measures for land registration open inquiry method" and other laws and regulations and some local papers, clear the real estate registration information system, including the subject, the way, the scope and procedures.In the third part, by analyzing the related administrative cases, find the present subject and scope problem and analyzes the causes. By anglicizing the present condition of the information disclosure system, summed up the problems existing in our current system. Mainly includes: information disclosure subject scope is not clear, especially for interested parties; the scope of information disclosure should be different, namely the registration results and original data query qualification should be different, but the scope is not clear unified open for the public; special consideration must be given to the protection of the rights of privacy, the application query rules and procedures should be clearly defined, the existing procedures to be improved; real property registration information publicly supporting mechanism is not perfect, mainly the unified registration system is not truly implemented; the occupation level of the staff is very low.In the fourth part, on the comparative study of real estate registration information system, introduces two kinds of real estate registration information disclosure mode, represented by Russia completely unlimited open mode and Switzerland, Germany as representative’s limited model. Also there is a detailed comparison of the two different legislative models. Through a comparative analysis of two models we find that choice system model in China, and dig out the relevant content can be used for reference in the system construction of our country.In the fifth part, find the perfect real estate registration and information disclosure system in our country is not recommended. We must first clearly apply for registration information public scope of subject, especially for the definition of interested parties. We suggest enlarging its scope in the existing basis, in order to protect the actual interested person. In addition, the problem of burden of proof for the interested party identity should also have clear rules. Secondly, in the legislation and the practice should pay attention to the real estate registration information disclosure and the people the right to privacy protection the interests of two parties, especially the real estate registration scope of public information should be a clear distinction between the boundary of public information and personal privacy. Finally, to improve a series of supporting mechanism.