Real Estate Registration Wrong Compensation Research

Real estate registration system is an important part of civil law system in our country, the property law have discussed on the rules, it can be seen, more regulations on legislative level for the first time the real property register wrong damage compensation liability. However property law for the regulation of real estate registration error compensation, more is a principle rule, from the perspective of protecting the private property, its spirit is sure, but in terms of its value, and more to stay in the level of the oath, from the perspective of judicial practice, it is difficult to play its proper value. With the development of the society, the real estate is more and more is closely related to every one of us, no one can out of the real estate and normal life, the prosperous development of real estate market needs to have escort for the real estate related legal system, the role of the real estate registration system is particularly prominent. However, our country real estate registration legislation relatively lags behind, the happening of the real estate registration error situation is more serious interferes with the prosperity of the real estate market, so in the situation of the registration mistake how efficient and fully investigated the offender’s liability for damages, safeguard the legitimate rights and interests of the victim is one of the important problems, real estate legislation around the world to solve the both practice and theory is a research hot spot problems.This article from four parts to the real estate registration error study on the liability to pay compensation issue.The first part:analyzes the fixed production various forms of register error, will the current real estate registration mode possible condition of real estate registration mistakes typing, points out that the real estate registration authority unilaterally fault, real estate registration applicant unilateral fault error situation and real estate registration authority jointly with the real estate registration applicant at fault caused the real estate registration error, and then one by one analysis, specific solve various registration error situation.The second part:analyzes the real estate registration behavior and the nature of the real estate registration error compensation liability, the theoretical and practical circles in our country real estate registration behavior and the nature of the damage compensation liability has a different opinion, this part the author analyzes in detail various opinions on the above problems, the comprehensive opinions put forward own real estate registration behavior and the nature of the damage compensation liability analysis, think real estate registration behavior is essentially a hybrid behavior, combined with the nature of civil action, administrative act like a contradiction of the two aspects, the different error is due to the different behavior of the main aspects, therefore, should be according to cause error occurs when the main aspects of the behavior properties determine the nature of the damage to the paternal responsibility.The third part:the detailed analysis of the problems of real estate registration error damages imputation principle, the imputation principles of do apply to the victim would have a major impact, in comprehensive national interests and safeguard the interests of the individual cases, the author thinks that our country’s current national conditions, the liability to pay compensation for the real estate registration authority principle suitable for fault-presuming liability, real estate registration applicant because of its infringement damage to the holder of the principle of fault liability is more reasonable.The fourth part:analyzes the real estate registration error compensation problem, after a detailed analysis of the real estate registration error compensation for each subject according to how the compensation standard for the victim compensation, emphatically analyzes the real estate registration authority as the main harm of state compensation, how to safeguard the victim get full compensation and sources of compensation funds and the safeguard mechanism.