Study On The Examination Obligations And Liability Of China’s Real Estate Registration Authority

China’s Property Law, The Interim Regulations on Real Estate Registration,Housing Registration Measures and Land Registration Measures have stipulations on the registration obligation of the real estate authority, but these laws and regulations haven’t stipulated on the specific examination method to clarify whether it adopts formal examination or substantive examination. Academia also has different opinions, which leads to some difficulty in determining the examination obligations of real estate registration and caused judgment predicament in the judicial practice. This thesis studies the examination obligations of real estate registration authority of different countries’, and then combines China’s real estate change pattern, registration credibility and protection of private right to discuss what kind of examination method our registration authority should adopt and further clarify its specific obligations. Since there are many kinds of real estate registration, this thesis selects there typical and common registration types, which are primary registration of house-ownership, transfer registration of house-ownership and establishment registration of house mortgage right, for specific study and clarify the examination obligations. When the registration authority hasn’t fully performed its obligation and makes mistakes, which caused damages to others, it should assume compensation liability. As to the nature of compensation liability, some people hold that it should be state compensation, and some people think it should be civil compensation. Whether the criterion of liability should be fault liability or non-fault liability hasn’t been agreed. Besides, the extent of compensation should be further confirmed. This thesis starts from the examination method and studies registration’s obligations and liability.Apart from Introduction and Epilogue, this thesis is divided into three chapters.Chapter One studies the examination method of real estate registration authority. There are two examination methods, which are formal examination and substantive examination. China’s laws and regulations have no stipulations about it. Academia holds different opinions and the judicial practice also hasn’t reached an agreement, therefore contradictory judgment occurs. This thesis cites one case to show the predicament of judgment. The examination method of real estate registration authority is related to its specific obligations and therefore, is very important.Chapter Two studies how to determine the examination obligations of real estate registration authority. This thesis selects Germany, Switzerland, France and Japan and learns their experience. On this basis, it combines China’s real estate change pattern, registration credibility and protection of private right to put forward that in our country, the examination method of real estate registration authority should be mainly formal examination, and substantive examination is only used in some special matters. The scope of examination should be restricted. The notary system can be brought in to share the registration authority’s obligations, which can realize the balance between registration accuracy and efficiency. Then this thesis selects there typical and common registration types for specific study.Chapter Three studies the liability of real estate registration authority. The real estate registration authority should assume state compensation. The criterion of liability should be fault liability. Whether fault exits should be judged from whether the real estate registration authority has fully performed reasonable and careful obligations: on the one hand, whether it has performed relevant lawful duties, and on the other hand, whether it has carefully examined the authenticity, legitimacy and validity of the registration materials. The extent of compensation of the real estate registration authority should be limited to direct damages, including the damages of principal rights and expenses to make up the damages. The compensation fund can be from pursued money or extracted from registration charges. Besides, the insurance mechanism can also be brought in to share risk for the real estate registration authority.