Analysis And Countermeasures On The Rural Collective Uniform Regist-ration Of Real Estate

With the gradual improvement of the socialist market economy system, people’s increasing awareness of property rights, protection of property rights and transaction security requirements rising, the drawbacks and limitations of the real property to be registered by various divisions in a decentralized way become increasingly obvious,because it maylead to the intersection and overlapping of the real estate rights and impede the owners to protect theirlegal rights, not conducive to real estate transactions secure, and may have a bad influence on the market to play the decisive role fully and operate effectively. Based on the situation of the unified registration of rural collective real estate in Chaoyang District, Beijing, as well as the investigation on theregistration work of the pilot village, the present study puts forward the countermeasures to solve the dispute on the attribution of rural land ownership,protecting the interests of rural land according to the law. The details and results are as follows:(1) It analyzes the process of real estate registration in the suburbs of the capital as well as the performance. Since 1951, Beijing has implemented two rounds of rural homestead right registration.Under different historical backgrounds, with the change of rural homestead policy, and the isolation of rural land ownership and the right to use, the real property ownership has been shifted from private to collective. With the rapid development of China’s economy in recent years, the law absence of rural real estate registration has become the biggest problemtoconstraintheregional development.According to the national policy guidelines, the farmers’ real property will be further confirmed, and the rural districts will be endowedwith more property rights.(2) It analyzes the difficulties with the sources of the suburbs real estate registration. The latest rural homestead unified registration of Beijing was organized and exercised in the form of compensable usein pilot places in 1993, and it has been23 years till now. However, in this process, it has not formed a complete homestead registration and approval procedure, causing a huge restriction on the change of rural homestead property rights in the later period, and many problems about the circulation of internal members, legal inheritance, and property distribution among the heirsor couples. Moreover, owing to the lack of specific operational procedures, lots of reasonable and legal requests on collective real property change cannot be disposed in time, which caused plenty of letters and visits, together with lawsuits. They have been the key issues for many years,disturbing the lives of people in rural areas.(3) It promotes countermeasures on the unified registration of real estate in the suburbs of the capital. In order to clarify the ownership of rural real estate and further advance the cadastral survey of rural villages as well as the real estate unified registration on this basis, Chaoyang District has selected the relevant pilot village to launch the cadastral survey, finding out every possible problem with their solutions.For thoseproblemsbeyond legal limits, the way to dispose them will be a great challenge for the government. It is necessary to balance the practical needs of people in rural areas, highlight social equity, and also uphold the Rule of Law. The law must be strictly observed and enforced.