Research On Compensation Liability Of Real State Registration Agency’s Defects

Interim Regulation on Real Estate Registration came into force on March 1st, 2015, marking the establishment of the real estate registration system in China. Owing to the historical reasons and reality limits, China’s multi-point administration maladies are still ingrained and it can be really difficult to effectively guarantee the correction rates of registration. In order to build to a sound and regular platform for the real estate registration, the clear cognition of the liability to pay compensation of the real estate registration errors should bear the brunt. However, the provisions on this liability are completely vague in current laws and regulations, with various opinions in theory circle and no rules in practice sector. Therefore, the liability to pay compensation of the real estate registration faults urgently needs to be combed and studied so that the obstacles of the unification of the real estate registration can be swept away.This article adopts a variety of research methodology. First,I draw forth the status quo of China’s real estate registration by virtue of cases in reality. Second,I summarize theories of different schools in relevant works and papers by using the literature research method to discuss the relative theory about the compensation liability of the real estate registration errors. Third, with the comparative analysis, I introduce the associated rules and institutions on real estate registration from Germany, Japan, Switzerland, UK and America to provide beneficial reference for the research of China’s real estate registration. Last, I systematically analyze the legal liability and compensation methods of real estate registration faults in the light of the Property Law, the Civil Law and the Torts Law. This article contains four parts:The first part is “the exploration and analysis into the property and the review model of the real estate registration.” The property of the real estate registration, underpinning the argumentation of this thesis, is crucial to the imputation principle of the applicable law on compensation liability. The choice of the review model of the real estate registration institution will also influence its liability of wrong registration. Thus, the first part of this thesis puts much emphasis on the concept of the real estate registration and defining the legal attribute of the real estate registration law as acta jure gestionis. The author makes classifying analysis on the realestate registration faults and discusses whether the review model of the real estate registration is a formal examination or a substantial one by the feasibility analysis and the system value requirements to finally confirm that the registration system should assume the obligation of formal examination.The second part, “the property and imputation principle of the compensation liability of the real estate registration errors”, is the main body. In this part, the author makes thorough discussions about “what is the property of compensation liability?”, “what is the imputation principle of compensation liability of the real estate registration errors?” and “how to distribute the compensation liability?” The author puts forward personal opinions after summarizing and analyzing views of different scholars. To conclude, the compensation liability of the real estate registration errors belongs to civil liability; the adoption of fault liability conforms to laws and reality in current situation; in terms of the distribution of compensation, liability proper choice should be made according to four different conditions.The third part is “the constitutional elements and implementation of compensation liability of the real estate registration institution.” The constitutional elements of the compensation liability,consistent with those of common trot liability, consist of torts, existing faults, and the generation of damage consequence and the possession of causality. The author expands the discussion about the confirmation of the amount, the fund source and the recovery mechanism of registration institution by combining conducts with certain foreign experience.The forth part is “the improvement of the relevant compensation system of the real estate registration.” The author offers the program concerning how to improve registrars’ professional standard and accomplishment, and at the mean time introduces the notarization system and the liability insurance system to share risks and promote efficiency, which will be favorable for the stability and development of overall real estate registration system.