The Holder Of The Advance Notice Registration Rights And Interests Protection Research

China's advance notice registration system is the product of legal transplantation.It originated from the civil law system countries.In contrast,with the implementation of this system,response to it has changed from enthusiastic response to the current nobody cares,even appeared the discussion of the necessity of the existence of the system.Compared with other countries' complete system construction and the mature legislative practice,the regulation and application of the exploration about the advance notice registration system in China is still on the road.The legislation and regulation of the system is still scattered,it can be found in the few laws and regulations.It has not yet formed a general and special,entities and procedures to promote mutual legal system in china.It's unavoidable in legislation,it can not comprehensively consider all the arising possible problems,so as to make the legislation of one-sided;In practice,in the face of complex problems and there is no specific corresponding theoretical point of view to find.This will seriously affect the impartiality and efficiency of judicial practice.Since the implementation of the advance notice registration system,due to the drawbacks of the system itself and its inconsistency or conflict with other related systems,resulting in the practice of many cases of disputes,which inevitably requires theoretical scholars to study how to coordinate the relationship between the advance notice registration system and other related system,so that to balance the interests of all parties caused by the conflict of the imbalance situation.In this way,the protection of the rights and interests of the registered right holder is less concerned by the academic community,refer to the relevant works of the book since the implementation of the advance notice registration system,there are few articles specifically deals with the problem,more from the system itself,and less concerned by the system of regulation of the rights and interests of the parties to realize and infringement relief path analysis.To this end,the author will forecast the obligee's rights protection as the core,with emphasis on the present situation of infringement of the rights of the holder of the advance notice registration,to relevant legal regulation as the breakthrough point,to analyze the possible problems of protection of the holder of the advance notice registration system in our country at this stage,in order to find out the reasons for the problem.At last,combined with the actual and the author's simple insight,Puts forward some basic suggestions or opinions.