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The Research On Property Right Registration System Of Real Estate

Posted on:2014-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:K WenFull Text:PDF
GTID:2296330467965096Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
Right in our legislative process, the real focus of legislation belongs in the property lawsystem, the real property registration system is playing an extremely important role. A goodregistration system is the basis for the implementation of property law. As planned economicsystem in our country to pursue a longer time, resulting in a slow development of commodityeconomy, the emergence of civil legislation relative backwardness. Although China andintroduced the " Property Law", but it has not worked out a special registration of real estatelaw."Property Law" stipulates that real change, focusing on physical, real estate registrationentities involved in the content and procedural, but procedural more involved, the highertechnical and trivial sexual content of these procedural characteristics, requires specializedsupporting laws. Since specification of real estate registration does not have specific laws,resulting in fragmented situation. Meanwhile, in a variety of registration rules, there are notclear, lack of coordination, as well as duplication and contradictory phenomenon, this has ledto many defects exist in the real estate registration system in our country.China’s " Property Law " provides real change, focusing on physical, real estateregistration entities involved in the content and procedural, but procedural more involved,the higher technical and trivial sexual content of these procedural characteristics, requiresspecialized supporting laws. Unified registration system is "Property Law " requirements, butthe " Property Law" does not specify a uniform specific measures, but the target has beenidentified. In addition, are now local and administrative regulations by the registrationsystem, and determine accountability and ownership, as well as whether the courtsequestration can transfer real estate, many fundamental civil rights and relevant content,local and administrative regulations are not appropriate. Therefore, some scholars havepointed out that the use of administrative and local regulations on these issues resolved unfit,so the need for real property registration system for further improvement of the real estateregistration law worked out a top priority, but also very necessary.Changes in real property safe and efficient system can boost the development of China’seconomic order and stability and achieve prosperity of our country into the world power alsohas an important role. Although China started late in this regard, but the rapid development ofthe system, but still need to constantly sum up experience, based on the continuous improvement of the system. This paper discusses the research and real property registrationsystem related issues, the first is the basic theory of real property as the starting point,through the comparison of real estate registration mode, and national property rights systemvariable analysis, pointing out the real property registration system of defects, and realproperty registration system, legislation, put forward their views and suggestions in order toimprove the country ’s real estate registration system to make its own contribution.
Keywords/Search Tags:real property, registration system, research, policy
PDF Full Text Request
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