On Compensation System Of The Mistakes Of Real Estate Registration

With the rising real estate prices,recent years witness the increase in realty transactions.Hence,it is important to ensure that the realty transactions operate in a secure,orderly and smooth manner.The provision of article 21 of Property Law is that in case of any mistakes in registration,registration organ shall assume the liability for compensation.But as the provision is too rigid and not feasible,many specific problems are not clearly stated.By collecting and sorting the practical cases about the mistakes of realty registration in recent five years,while analyzing article 21 section 2 of Property Law,the author tries to have in-depth discussion about the nature,constitution and assumption of liability concerning the liability for compensation for realty registration mistakes,and gives her own understanding,hoping that contributions can be made to the improvement of liability regime of the mistakes of realty registration organ.The outline of the thesis is as follows: Chapter one is the introduction part,introducing the subject,background and methodology of the research.Chapter two gives the legislation overview and talks about the practice effects of the liability regime of realty registration mistakes.Currently,there exist 3 problems concerning the practice of this regime: the application of article 21 of Property Law is limited;registration mistakes are around certain types;self-correction in land registration is relatively frequent.Chapter three analyzes the nature and constitution of liability for compensation.It is a special kind of tort liabilities,which is applicable for civil proceedings,with State Compensation Law as the legal basis.Under the premise that liability for compensation for realty registration mistakes is part of tort liability,article 21 section 2 entails the four components of the liability.Chapter four discusses the assumption of liability,in terms of the subject,scope and manner.Chapter five,on the basis of Chapter four,by reflecting on the problems in real cases,talks about the ways(including four aspects: define the nature of liability,the specific components,liability subject and the object of pursuing of recovery,and build comprehensive relief system for damage)to improve article 21 section 2,and gives suggestions on legislation.