A Study On Registration System Of Real Estate In China

Since the "Provisional Regulations on real estate registration"(in sort of"Provisional Regulations")promulgated on March 1,2015 and the "Registration Tentative Regulations on real estate "(in sort of the "Rules")promulgated on January 1,2016,which the enactment of two legal documents and implementation has important impacts on the improvement of real estate registration system,it has played a huge role in promoting the development of the socialist market economy and strengthening the construction of socialist rule of law.Since the "People's Republic of China Property Law"(in sort of the "Property Law")enacted,a series of national legislative work has initially established the legal system of real estate registration.However,the current real estate registration system also has many issues,for example,the legislative purpose and design of the system are too biased to realize the role of public law,the registration mechanism provides the incomplete registration and unreasonable standard of review,data query program is not perfect and the registration rules of error compensation are not clear.The theoretical circle holds the big controversial issue in the question of the nature of estate registration act.These practice and theoretical questions above are still need to be solved.On the basis of a more comprehensive analysis of the current real estate registration law system and for the reference to the legislative experience in Germany,Japan,Britain,the United States and Taiwan,China,the revelation of the basic theory of real estate registration,extraterritorial legislative experience and the deficiencies and recommendations of our real estate registration system were discussed in this essay.This essay is divided into four parts:The first part will talk about an overview of real estate registration system.This section will describe and review the basic theory of real estate registration,the definition of the concept of real estate registration and the registration of real estate on the academic nature of the behavior of the debate.Then,it elaborated author's view that real estate registration behavior is a characteristic of both public and private law administrative acts.In addition,this essay will describe the pattern of real estate registration and registration of real estate major classification and analysis the role of real estate registration.In the last,this essay will clear the current real estate registration system of according to the sort of its origin.The second part,outside of real estate registration system Introduction and Enlightenment.This section introduces the legislative experience outside the real estate registration system,and the real estate registration system and the actual needs of the community life of our cross-referencing,to analyze the advantages of our country can learn from.The third part,China's real estate registration system existing problems.On the basis of the above,the detailed analysis of real estate registration system,raise major questions:First,there is a deviation in the legislative purpose and design of the system,registration of real estate management and bundled the impact of real estate registration to play a role in the original;second registration imperfect institutional settings,set the registration authorities are not unified,not independence,not effectively fulfill its mandate;third,unreasonable registration review mode,the standard is unknown,inefficient division of labor,can not guarantee the protection of private rights of action play in the fourth,registration data query program is not perfect,can not play the role of public Credit,may also damage the interests of the registrant's privacy;fifth,registration error compensation liability rules are not clear,unable to provide effective relief.The fourth part,improve the suggestion of real estate registration system.This section describes the specific proposals to solve the above problems:First,the spirit of the legislation to correct deviations and system design,the separation of real estate registration and management to ensure that the registration system to effectively play its role;Second,improve the registration authorities set up,the country's unified real estate registration agency shall determine to a fixed division,within the department to achieve vertical management,independent registration agencies.Third,build a reasonable review of the registration system,registration authorities and notarial institutions complement each other,notary substantive examination,registration authorities form review,establish a system of real estate registration review of the substantive examination,to ensure the credibility of the registration.Fourth,complete the construction of real estate registration information query rules distinguish between raw data and registration information recorded in the register,as a basis for clearly defined query subject scope,set the appropriate query program.Fifth,define the responsibility of reparation as administrative responsibility,bringing it into the range of State Compensation.In the paper,the author attempts to clarify the relationship between the role of private law in the real estate registration and the management of public law,putting forward that the essence of registration of the real estate is proving proprietary and making suggestions on institutional setting,division of view.That is the innovation of this paper.The real estate registration system is a public law and private law in the field of blending involving many content,this paper is limited to space and economic law graduate nature,in the real estate registration information procedures,the effectiveness of the register,the registration of registration errors constitute the elements of responsibility.All above need to be further studied.