Perfecting The System Of Advance Notice Registration Of China

Advance notice registration is a feature form of real estate registration. It saves the claim of obligatory right to the changes of real estate property for the purpose of the realization, ensures the transition from the before-claims to the real right change, and makes the interests of the holder of the registration be protected. At the same time, advance notice registration system has a far-reaching significance for the security protection of market transaction and the maintenance of market order.The paper raises a question through the empirical case of the advance notice registration, discusses the effectiveness and the legislative model of the system of advance notice registration, and improves the effectiveness of the system, the applicable scope, procedures, etc, in order to give full play to the role.The first chapter presents the practical differences and the existing shortcomings of the advance notice registration system in our country. The typical cases in judicial practice are mainly been used as a reference to put forward the focal points of the nature, effect, application of the advance notice registration; Discusses the existing shortcomings of advance notice registration under current legislation system of China.The second chapter is the writer’s opinion of the nature and the legislation mode of the advance notice registration system in China. The nature that the advance notice registration system is the creditor’s rights is proposed, and under the condition, it provides a unified standard to solve the practical differences; Demonstrates the "absolute invalid" legislative model of the advance notice registration system rationality and legitimacy in China; And demonstrates that the advance notice registration system should not been given the sequence of the preservation effect based on this kind of legislative model of reality in china.The third chapter is the system construction of the advance notice registration system in our country. The paper puts forward that the effectiveness of the advance notice registration system should be added, the applicable fields should be expanded and the program should be improved, in order to give full play to the function of advance notice registration system and make the law practice problem clear.