Research On The Liability For Real Estate Registration Error In China

Article 21 of the "Property Rights Law" grants the wrongly registered victims the right to claim compensation,and the registration authority also has the right to claim compensation.However,this provision is not specific enough,leading to some notable cases arising from registration errors.The Provisional Regulations on the Registration of Real Estate and the Implementation Regulations of the Provisional Regulations on the Registration of Real Estate,which are complementary to the Property Rights Law,still do not solve the doubts in practical operations in terms of liability.This article takes the compensation liability arising from the registration of real estate as the research object,and the main article is divided into six parts.The last five parts are theoretical analysis and research countermeasures.They are in-depth discussions of the first part.The details are as follows:The first part is about the current status and predicament of compensation liability for the registration of real property rights in China.This section first analyzes the current status of liability: First,it discusses the determination of the nature of liability of the registration agency for different levels of legal norms.Second,from the perspective of practice,we will elaborate on the differences in liability in the referee.Second,analyze the current predicament of liability: First,discuss the nature of registration behavior,and comment on different views.Second,it analyzes the litigation model that the victim advocates that the registration agency should apply for compensation,and discusses civil litigation procedures,administrative litigation procedures and administrative incidental civil litigation procedures.Third,a brief analysis of the principle of attribution of liability that registration agencies should bear when compensating for liability.Fourth,the specific form that the registration agency bears responsibility for.This article advocates identifying the nature of the registration behavior based on the different segmentation of the registration content,and applies the corresponding litigation model.The principles of liability and responsibility applicable to registration agencies are detailed in Parts III and IV.The second part is about the connotation,type and nature of compensation liability of the registration of real property rights in China.First of all,it discusses the connotation and type of registration errors.First,what is the wrong registration of real property rights and analyzes the generalized theory,narrowly defined theory and compromise theory,and elaborates thereason why this paper chooses the compromise theory.Second,analyze the types of registration errors from different perspectives,and focus on the types of errors that are classified according to the registration content-rights and errors.Second,it discusses the nature of the responsibilities of the applicant and the registration agency.This article believes that the applicant bears civil tort liability,and the nature of the liability of the registration agency should be determined as civil liability and state compensation liability according to the registration content.In the third part,we first analyze the principle of individual responsibility from the point of view of the applicant and the registration institution.This article believes that the applicant's liability is a tort liability;and the principle of liability of the registration agency should be determined in conjunction with its mode of review of the obligation.This paper adopts a mode of review in which the form is mainly the essence and supplements it,and then recognizes that the registration institution applies the principle of fault liability and assumes self-responsibility.Secondly,it analyzes the constitutional elements of compensation for real estate registration errors.This article believes that regardless of the applicant's responsibility or the civil compensation liability of the registration agency,it must satisfy the injurious behavior,damage consequence,and causation requirements.In the fourth part,it discusses the responsibilities of the registration agency and the applicant in the case of individual infringement and joint infringement.This article considers each individual responsible for the infringement.The joint infringement is divided into common intentional infringement and separate infringement,and the focus of liability forms in case of infringement respectively.This article believes that the joint intentional infringement should bear the joint and several liability,and the separate infringement should be applied to the part of the responsibility,and the other forms of responsibility should be demonstrated and analyzed.The fifth part discusses the scope of the liability of the applicant and the registration agency and the defense reasons.This article believes that it should bear all liability for compensation,and that the defenses of both parties are roughly the same,except that the registration agency cannot be exempted from acts of a third party,but the applicant can.The sixth section analyzes the relief mechanisms that can be adopted to reduce and improve registration errors.Including the implementation of professionalization of registered personnel,clear liability standards for compensation,the establishment of a liabilitycompensation fund,the implementation of liability insurance system.In the past,during and after the incident to reduce and improve the registration error to provide reference.