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The Research On The Path Of The Unity Of Real Estate Registration In China

Posted on:2016-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y H PanFull Text:PDF
GTID:2296330503450984Subject:Law
Abstract/Summary:PDF Full Text Request
Real estate registration system is the foundation of real right law. In the long term we implemented a management model of macro-adjustment and decentralized registration, the purpose of which is the convenience of administration, but the needs of real estate publicity are not paid enough attention seriously. The random in the registration foundation and the city-countryside registration standard, the macro-adjustment of registration agency, the nonstandard of the registration books and the information platforms are not set up effectively, all these matters above are the main challenges in the real estate registration when facing the legislation, justice and administration area, the daily living are even affected as well. Obviously, decentralized registration system don’t meet the demands of social reality. The State Council institutional reform and functional transformation reform program put forwards a unified registration system of real estate as a priority which will be established. An act of Provisional Regulations on Real Estate Registration will become effective and the implementing regulations(draft) was also published, so the research on this issue has its distinctive significance. The establishment of an unified real estate registration can not be achieved overnight, every step has its key point. For now, the registration legal basis, the registration institution, the establishment of the registration information platform and the registration book, so-called “four unities”, are the top priority. But the concept of “four unities” are controversial, the relative regulation establishment are at an exploratory stage. So according to the basic principles of real statutory principle, property public credibility principle, and the theory of real property transformation, the author carding the real estate registration system history of development and the problems in a way of literature research, and put forward the argument for the issues in the end. Traditionally the theory of real estate registration focus on the registration institution, but practically the issue of real estate registration should focus on the “four unties”--the unity on the issue of the registration legal basis should be deepen theoretically from the legal theory, and the other three aspects, registration institution, registration book and the establishment of registration information platform are of technical level and system design. Therefore, the legal basis of registration will be discussed separately, especially some disputes related real estate registration right capacity will be probed individually. Registration institution, registration book and the establishment of registration information platform will be discussed in one chapter in this article. This discuss start from the their functions and status in real estate registration system, the research covers the current issues in Chinese typical cities in a way of comparative method and put forwards the basic frame in the end.The article focus on the reality of “four unities” and tracked the latest research results, practical results and expands the analysis, the author also wishes to receive some advice. The article is composed by two parts:In the first part, the legal basis of registration is the precondition of the real estate registration and is the requirement of real statutory principle as well. For a long time the legal concept of real estate is not defined and the types of real estate are not listed in Chinese civil law, so the registration scope of real estate and real right is also confused. Before the promulgation of the Property Law, the departmental rules and the local regulations are both effective, after the implementation of the Property Law, departmental rules and local regulations are modified, but which is far from unity in legal level.The unity of real estate registration including two levels, one is substantive level and the other is the unity of registration procedure. Since the legal status of registration is confirmed in the Property law, the substantive issue is resolved and the procedural issues turn to the main barrier to the real estate registration. Firstly, the concept of real estate should be clear in legal context and the scope of registration as well. The scope of real estate is defined by the fallback provision in the Provisional Regulations on Real Estate Registration, but the probability of updated object of real estate appears in the future is exist, so a scientific standard on the type of real estate registration should be established and the scope of registration of real estate should be enlarged as well. Secondly, the eligibility for real estate registration should be clear. The Real Estate Registration Interim Regulations Implementing Rules(Draft) stress the scope of the real estate right registration, but registration on the state-owned land ownership and the real estate leases are still in dispute. The author discussed this topic and concluded that the state-owned land ownership and the real estate leases should be gifted the eligibility of registration, while the illegal structures and agricultural land should be excluded from the registration for the lack of legality. thirdly an unified real estate right registration should be drafted. The Real Estate Registration Interim Regulations Implementing Rules(Draft) can be the substitute of Provisional Regulations on Real Estate in the area of real estate registration, so after we abstract and summarize the mature experience the implementing rules should be promulgated soon. Finally, due to the establishment of unified registration is far future, the unified land right registration which can be the core of the whole real estate registration system and be a transitional programs should be set up. Land right is the core of real estate, we can set up a land-based real estate registration and prepare for the establishment of the other real estate registration system,. We should also improve the details in the registration procedure and other regulations for the establishment of unified real estate registration legal system.In the second part, we emphasize the key functions of registration, the unity of registration is the requirement of the demonstrative principle of real right. In China the registration institutions is multiple due to the current registration institution system is determined by the multiple natures of real estate ownership. Different registrations have different regulations on the scope of registration, registration requirement, registration procedure, publicity method and so on. Moreover, hierarchical management to the registration institution is very different which causes confusion in registration, so the security of transaction, transaction credibility, transaction fee and real estate regulation are also affected correspondingly. In China administrative organ as registration institution has its advantage. Currently the inter-ministerial joint conference system plays a positive role in transition, the department of land resource in charge of guiding and supervising the implementing the related system progressively. So the registration institution should transform the function, the function of county level and the metropolis level registration institution should be integrated. In county level a real estate registration bureau can be set up for unified registration, registration branch for right registration and supervision branch for daily administration, cadastral Management and ownership registration can work under one roof. In regard to the registration institution, the subordinate leadership relationship of which should be canceled, all real estate right can be registered in county or district level registration institution. In the future the dispersed registration responsibilities and institutions can be integrated gradually and the real estate registration bureau can be established correspondingly.The unity of registration book is the starting point of the unity of real estate registration. The unity of registration book is also the requirement of demonstrative principle of real right. When real right is alternated the information of alternation should be publicized so the the third party can be informed when he checks the registration book. The registration information in the book can help to confirm the property right and ensure the security of transaction. In regard to the diversity of the registration book, a standard and unified registration book should be designed by the registration scope scientifically. After compared with other countries’ registration book, we should comply with a compiled mode in registration book design, the registration content, pattern, media, registration responsibility, security measures, the storage of the book and the reconstruction when loss are all be integrated in one standard registration book. Due to the land ownership and the housing ownership are registered separately, the registration books should be redesigned correspondingly. We should also give up the concept and the practice of highly valuing the right certificate but neglecting the registration, and set up the legal status of registration book. The newly registration book is both available for writing and available the transformation of electronic. The unified registration book checking system is also important, but to different subject the the checking scope is different obviously, the real estate right registration can be check freely but the materials of property right alternation should be restricted.The construction of unified registration information platform is the target of integration of real estate registration in information age. Nowadays the registration information platform is far from a whole networking through internet, the debates on the scope of publicity is still exist. The confusion of registration information publicity increases the cost of transaction and affects the transaction security. On the other hand the publicity of information platform is helpful to administration and anti-corruption to government. The unity of real estate information platform contains two aspects, one is the checking qualification of the information platform database, the other is the contents of unified information platform and the way of publicity. We can construct a property right system and a property administration mode based on real estate right. At the same time we can construct the real estate registration information platform mainly by the land ownership information, the problems of security and the compatibility should also be resolved, for example we can introduce social credit code system to improve the unity of the registration information platform in the whole country. The goal of “property clarity, transaction availability, cost reduction and profit balance” can be achieved through real estate registration in private law and resource regulation in public law.
Keywords/Search Tags:real estate unified registration, registration basis, registration institution, registration book, registration information platform
PDF Full Text Request
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