Research On Conflict And Coordination Between Real Estate Registration Information Disclosure And Right Of Privacy Of Citizens

Since the implementation of the registration system of immovable property information, conflicts and contradictions between information disclosure of immovable property and privacy of citizen have emerged continuously. Real estate is an important component of immovable property registration; and it closely relates to life. Across the world, disputes between information disclosure of citizens’real estate and protection of citizens’privacy have been long-standing disputes. Each nation tries to search proper methods and strategies to balance the right to know and privacy of citizens’public information. On the one hand, guaranteeing citizens’right to know to make that it is safer and more reliable during the process of carrying on real estate transaction, lease, and other relevant conducts; on the other hand, providing strong guarantee of citizens’ privacy to protect that they can live a peaceful and harmonious lives from malicious disrupt and destroy of outside; which results in comparative problem on the decision of national legislation and administrative organizations. Under such condition, the Tentative Regulations for the Registration of Immovable Property was promulgated in November, 2014. It clearly regulates on the adjustment and balance between information disclosure of real estate registration and citizens’privacy. Therefore, it provides some countermeasures to solve problems existing in the above rights. However, the regulation exits obvious shortcomings. Its stipulation is comparatively principled, which needs supporting measures to guarantee its implementation, and this is what it lacks at moment. The purpose of this paper is to cover shortages existing in the regulation.Basing on careful reading of Tentative Regulations for the Registration of Immovable Property the author writes this paper. It constitutes four sections.In the first section, it analyzes basic theory of information disclosure of real estate registration and citizens’privacy. It firstly introduces connotation and function of information disclosure of real estate registration. It completely sorts out all information from historical regulations to existing ones and carries out a value analysis from aspects of the right to know theory and transactional safety theory. Secondly, it clearly stipulates connotation of citizens’privacy and analyzes information natured with citizens’privacy among real estate information. Lastly, it analyzes the necessity of information disclosure and privacy protection, laying a foundation for the follow-up analysis of conflicts.In the second section, it researches specific showings of conflicts between information disclosure of real estate registration and protection of citizens’privacy, explaining from public right category and private right category. The former is the conflict between citizens’right of knowing government functionaries’information and government functionaries demands for guaranteeing their private information; the latter is contradiction generating from citizens’right to know of public information of real estate and protection of their privacy, and the right to know of information disclosure of citizens’real estate and privacy protection of other citizens.Corresponding to the second one, the third section separately explains reasons of conflicts between public right category and private right category. The former is contradiction between the "right to know administration" and privacy of national staffs; the latter is the conflict of market transaction and individual privacy. Then it summarizes fundamental reasons of the generation of conflicts, namely, differences between benefits and values, and guides design of system.The fourth section is about contents of system design. Firstly, the author analyzes the necessity and feasibility of coordinating conflicts. Secondly, on the basis of referencing relevant measures of United Nations and Japan, it ensures two basic principles of "balance benefits, tolerance coordination" and "public benefit first" and specific principles of differentiating different bodies, information and inquiry methods. The author carries out a discussion from four aspects, namely, the improvement of legal framework of information disclosure of real estate registration, the coordination of conflicts by taking specific measures and process implementing, the explicitness of ownership of real estate registration information and legal relationship and legal responsibility utilized, and the balance mechanism of conflicts between information discourse of real estate registration and citizens’privacy. It obtains principles and specific schemes of solving the above two present rights conflicts and proposes detail system of solving conflicts and disputes.The Tentative Regulations for the Registration of Immovable Property has begun to implement. It undoubtedly gives new significance and special urgency to information disclosure of real estate registration and protection of privacy. By analyzing and researching, this paper hopes to provide effective suggestions to solve conflicts and contradictions between the right to know of citizens’real estate registration and citizens’ privacy and to contribute its power for the promulgation of the regulation.