Research On The Legal Attributes Of Real Estate Registration

The properties of Real estate registration in theory has been controversial, is defined as the nature of public law, private law nature, or the nature of both public and private law, has not yet been decided. It is not clear theoretical disputes and legal practice does not seem to affect our operations, in accordance with their respective places in the established mode of operation, in accordance with their respective places in the established mode of operation. In addition, although our law proposed "national unified registration system for real" concept, but not the concept and nature of real estate registration accurately defined. Although in theory blurred the differences have not been resolved in a reasonable, would restrict the practice of orderly operation, resulting in the practice of loopholes, and the reality of real estate registration agency also prevails all over the country, different standards. But these practices is to seek a breakthrough in the theory of real estate registration point and anchor the legal property.Theories about the real estate registration acts mainly public law that says private behavior, both public and private law nature says. Real estate registration law is not unified theory of nature, it seems that all makes sense, but flawed, can not form a unified point of view. At present, China's real estate registration system and there about hybridity, leading to conflicts that arose in practice, I do not know how qualitative. Professor Liang Huixing said:"No matter how perfect property law, if not a good registration system, then there will be good results Property Law, not been effectively implemented." Until today, China's "Real Estate Registration Law" is still in the development process, the relevant provisions relating to real estate registration or scattered in other laws and regulations, such as the "security law", "Property Law" and certain administrative rules and regulations.In such a contradictory situation, from a practical point of view, on the basis of existing practice, thinking of real estate registration system should be established to better suit the nature of China's current situation, more conducive to solving the problem.In order to fit the needs of the practice, while a number of issues related to real property can be registered as soon as possible to resolve. This article will attempt to from a new perspective to prove what kind of real property registration should be the nature of real property registration system in order to promote a more standardized and improved in order to achieve the desired legal and social values.Although real estate registration agency's behavior is an administrative act, but the administration is not the behavior of a relative who was set up by the Chief executive, change or eliminate certain rights and obligations of private law, the administrative act does not belong to a specific administrative act. Therefore, the property of real estate registration agency should be defined as "quasi-legal acts administrative act." Such legal property is by far the most convenient and most economical way suitable for the situation of our country, the reform of China's real estate registration agency is not uniform conditions.