The Improvement Of Compensation Responsibility System About Real Estate Registration Agency Error In Our Country

Real estate registration agency compensation responsibility by registration error is beneficial of protecting private rights, supervising the administration, safeguarding the efficient and fair system operation. Now the responsibility system in our country has some problems in the law and judicial practice, and the relevant academic research is full of fierce arguments. Therefore, the real estate registration agency liability system in our country should be fixed.This Article consists of preface, text and epilogue. The text is divided into four chapters.The first chapter is mainly about real estate registration error definition problems. There are three kinds of academic theories:broad theories, narrow theories and eclecticism theories. Because the pattern of real right change is credit formalism in our country, the eclecticism theory fits the reality in our country. In addition, the scope of registration error includes that registration agency violates the registration procedures only, such as delays registration, fails to perform the inform obligation.The second chapter analyzes the problems in the law and in the judicial practice, and controversies between academics about the nature, doctrine of liability fixation, concrete form and review standard of the registration agency compensation liability.The third chapter analyzes the causes of problems and academic disputes. We analyze them from three aspects that are theory, system, and thinking. Main causes are the lack of the link to public law and private law; the repeat and conflict between the laws about state compensation liability; the differences between the academic thinking and legal practice thinking, etc.The fourth chapter is about the improvement of registration error compensation system. Real estate registration error compensation system in our country should be improved from following ways. Firstly, the nature of the registration compensation liability is administrative compensation responsibility; Secondly, the doctrine of liability fixation of the administrative compensation responsibility is illegal responsibility and the scope of "law" contains the legal principle; Thirdly, the concrete forms of registration error compensation responsibility should be clarified. In general, the responsibility of the registration agency is independent responsibility; the agency responsibility with malicious collusion is special joint liability; without meaning to contact infringement, the registration agency responsibility is unreal joint-liability. Fourthly, the registration review standards should be perfected. With the principle of benefit being greater than the cost, the principle of review ability, and the principle of respecting the applicant’s autonomy of will, the agency should review registration reason action literally, review the authenticity and validity of the ownership certificates and identification, find out the relevant documents and of content applied for registration whether be basically the same in writing.