Analysis Some Questions On Leagal Institution Of Real Estate Registration

The article10of “Real Right Law of the People’s Republic of China” formulatedthat a uniform registration system over real estate shall be practiced by the state. Thescope, organ and measures of uniform registration shall be specified by the relatedlaws and administrative regulations. Viewing from the legal principle theory of law,registration is a publicity means to show the change of real estate rights and is themain significance to the real estate registration system. In practice, through the realestate registration system, the parties and the third party can clearly know theownership of real estate, preventing the fraud transfer, and then transactions of realestate will be safe. That’s also the legal purpose of “static order, dynamic security”.Meanwhile, strengthening real estate registration system and establishing a uniformregistration system is also the most important task of government to macro control ofthe properties. That’s also the important contents of institutional reform and thetransformation of function of the State Council. And that will be effective measures topromote decentralisation to reduce the multiple management and gradually achieveone external window of management. That’s also meaningful to protect the legalproperty rights and improve the governance efficiency of the government, especiallymaking conveniences to enterprises and masses. In china, there are many problems when carrying out the real estate registrationsystem. For example, the registration authority is not unified and pre-registrationsystem is not perfect. Besides, the structure of registration is in chaos, and validity ofreal estate registration and the legality standard of real estate registration is also notclear, not to mention the perfection of registration error compensation and theinsurance. All these problems shows that it is the critical time to perfect the real estateregistration system. In March2013,“the transformation of the institutional reform ofthe State Council and the function scheme” takes the establishing a uniform real estateregistration as one of the means to legalize the organization、function configurationand operation mode. Meanwhile, the divided tasks of the proposed scheme requirethat “the Real estate Registration Ordinance” must be promulgated before the end ofJune in2014. In order to carry out the scheme that mentioned above, the Ministry ofland and resources led the drafting of the “Real Estate Registration Ordinance(Draft)”submitted to the State Council for consideration. After hearing the relevantsuggestions, the State Council Legislative Affairs Office amended and formed “TheInterim Regulations on Real Estate Registration（Exposure Draft）”.On August15th,the “Exposure Draft” and its explanation were both published for solicitingpublic opinions. The “exposure draft” carries out the spirit of “Four Unification”mentioned by the State Council，referring to the unification of registration authority,registration books, registration basis and information platform.“Four Unification”mainly follow four principles: integration of responsibility, stability of real right,convenient services and strict management. The main content of “Exposure Draft” isregulated about four parts, that is, registration authority, registration book, registrationprocedure and the share and protection of registration information.From the perspective of the comparative law, the legislation of the real estateregistration system in Japan, Germany, etc are well structured. For this, they could bemodels of the real estate registration system for us to research and learn. This articledoes research on the characteristic parts of the real estate registration system in Japanand Germany, aiming at giving some advice to the real estate registration system inour country to make it more perfect. In Chapter1,it is given an overall description of the concept, type, etc. Itgeneralizes this basic description of the legal system-real estate registration system.On the basis of it, we mention the elaboration and analysis of present situation,historical development, problems, development tendency and legislation.In Chapter2,it analyzes the characteristic regulations of the real estateregistration system in Japan and Germany from the perspective of the comparativelaw. On the basis of the analysis and comparison, we put forward the advice that theReal estate registration system in our country could learn from. Also, we theoreticallyanalyze the learning from Japan and Germany and try to find out the theoretical basisof it.In Chapter3, It is an evaluation of “The Interim Regulations on Real EstateRegistration（Exposure Draft）” which published by our country recently. On the basisof evaluation, we put forward the existing problem of “Exposure Draft” andsuggestions for Amendment, so that, it could make the legislation more perfect.