Registration Of Real Estate Administrative Liability Study Wrong

With the increase of the value of real estate and its growing influence on people’s life, the real estate registration error will bring huge benefit loss to the obligee, but this phenomenon often happens in reality. So, the Provisional Regulations on Real Estate Registration was promulgated in our country in November 2014 and it began to be implemented in 2015. This regulation clearly determines in which institutions and units real estate should be registered or filed and what procedure it needs. At the same time, it guarantees the transaction efficiency of real estate and promotes the transaction security. This regulation has many deficiencies for real estate registration, for example, it doesn’t explicitly stipulate the nature of this behavior and the error compensation and the imputation principles of the errors. Besides, the range of the compensation responsibility of the registration institution and the sources of the compensation and other details are not stipulated. The reason is that a series of problems caused by real estate registration has been studied in the traditional field of civil law for a long time and there is no deeper discussion in theoretical circle and many law issues involved do not get enough attention. Because of that, I analyze the types of real estate registration error, the nature of the liability to pay compensation, the present situation of the compensation system and the imputation principles and so on from the perspective of administrative law. The content mainly includes four aspects:The first part, it introduces the concept of real estate registration, the main types and the actual situation, and then introduces the overview of real estate registration error, summarizes the deep-seated reason and its legal consequences.The second part, it expands from real estate registration, and compares and analyses the nature of the behavior and the qualitative error after liability to pay compensation. It is disputed that the registration behavior belongs to administrative behavior or civil dispute behavior, the author analyzes two views, and draws views of myself.The third part, it lists four elements of constitutive requirements through the case analysis of the components of real estate registration error compensation, and then real estate registration error compensation liability imputation principle is analyzed, finally decides that under China’s current national conditions should apply the principle of fault liability.The forth part, it introduces the current situation about how to compensate after real estate registration error, points out the deficiency of the compensation system of our country, and then puts forward perfect opinions.