Research On Real Estate Legal System From The Perspective Of Public Law

Real estate registration system not only reflects the change of state regulation and control function, it is the change of real right publicity means, to ensure that the real estate registration authority and rights in harmony, to dig out the target value and function of registration behavior exist, pay attention to maintaining stability and security of the property rights of citizens, to reduce the possible conflicts of interest the relative between people due to the potential damage to the public interest, adhere to the principle of priority of the protection of private rights in the registration. At present, China’s real estate registration system still exists on the system design of fuzzy theory, rough, the lack of operational issues, and most of domestic scholars in the study of the real estate registration system, the system design of private law has been very careful, but the real estate registration law research also slightly rough. Registration system to be perfect, also need to further fine of existing theories. There are two points to note: 1, in the study of the real need to have a macro view of property registration system, registration system is not only to the provisions in the law of legal departments, research departments of law behind, but also to see the link between law, especially between the common factor. Real estate registration is not only the civil law system, also need from the administrative law on the registration of real estate research and protection of the legal system. 2, we draw lessons from the foreign real estate registration experience, need to use judgment standard of value, conflict of interest in real life, make up for the deficiency of the registration system of China, to develop in line with China’s national conditions of the legal. Finally, the purpose of the legislation is to make the text of law into law in action, let not deviate from the expected effect of the implementation of the law of legislation, it needs the corresponding system construction with the further improvement of the system is an important guarantee of the justice of the procedure. This paper tries to from the perspective of public law of real property registration law system connotation, value analysis, comprehensive review of. The content involves the fundamental theory of real estate registration, real estate registration legal significance, compare the real estate registration system at home and abroad。...