A Study On The Uniform Registration System For Real Estate Property Rights

With the rapid development of Chinese social economy, the shortcomings of the old real estate registration system have exposed and new social problems increased and such as:low efficiency of resource utilization rate and social management, unsafe trading activities, ect., that put forward new requirements to the real estate registration system. In order to thoroughly implement stipulations in Property Law about establishment of real estate unified registration system, we need to set up a complete and sound unified system to maintain the safety in transactions. Then the law would protect the lawful rights and interests of parties, maintain social and economic order, and adapt to the rapid economic development in today’s society. The larger value of real estate would impact on bigger interests of the people as well. Therefore, countries of the world have made the corresponding specific provision of real estate registration. China has referred to the advanced legislation experience of the civil law countries and set up the real estate registration system by combining with our national situations based on our Property Law. Interim Regulation on Real Estate Registration has been issued by the State Council which led to a significant contribution to defend trade order and ensure trade safety.This paper studies on the introduction of the real estate registration and compare with other countries in the world, analysis of the effective Interim Regulation on Real Estate Registration then put forward suggestions. This article is divided into five parts.Chapter One mainly introduces the concept and characteristics of real estate registration, the nature of the real estate registration, and significance of basic theory including public summons and juristical act of real right theory.Chapter Two states about real estate unified registration system in civil law countries such as Germany, Japan, Switzerland, and France.In the third part, the author discusses main content of Chinese real estate unified registration system:The organ of uniform registration system for real estate, real estate register, registration procedures and registration information.Chapter Four introduces characteristic of uniform registration system for real estate:uniformity, specificity, procedural and principle.Fifthly, there are still existing problems such as issue of subject of implement, compensation of fault registration, and public inspection. In the last part, the paper talks about perfection of uniform registration system for real estate:advance notice uniform registration, dissent uniform registration, correction uniform registration, notary system and inspection system of real estate register.