The Compensation Liability Of Wrong Registration Of The Real Estate Registry Agency

The registration of real estate is essentially a civil act to carry out publicity on the real estate transfer.It has the right to protect the rights figure and the maintenance of the security of property rights transaction function.In China,the real estate registry agencies are departments in government,which makes the real estate registration include “administrative management” factors.The dual natures of the real estate registration lead to two different views of the liability of wrong registration,including civil liability and administrative liability.Considering the practical consequences and the effects on the victim,the registry agencies' responsibilities should be defined in terms of civil liability.Compared with the administrative liability,there are more thorough theories about joint tort in civil law,which can properly solve the forms of liability and judicial proceedings between the real estate registry agencies and parties.For the principal of imputation of the error registration liability,influenced by the review form of formal examination and substantial examination as supplement,the principle of no fault liability will affect the enthusiasm of registration staff and increase the burden of the registry agencies.The fault liability principle asks for the disadvantaged victim to bear the burden of proof,which aggravates the victim's burden of lawsuit.The principle of presumption of fault can balance the registration agencies and the victim,coming up to the realistic needs.Based on our national conditions,and combined with international advanced practice,there are four ways to guarantee the liability of real estate registration to come true.First,the cumbersome administrative proceedings is not conducive to the relief of the parties' rights.It's more portable to deal with such cases in civil procedure.Second,the registry agencies' responsibilities should be treated differently according to specific analysis of the fault.Third,make the compensation scope clear and set no limit for compensation figures.Finally,besides perfecting the pursuing of the right,the construction of compensation funds and the introduction of professional liability insurance mechanism should also be listed on the agenda to stable source of funds for compensation.