Research On The Legal System Of Administrative Registration Of Real Estate In China

Real estate,as important material wealth,is of great significance to every citizen,legal person and other organizations.With the formal implementation of the provisional regulations on the registration of real estate in 2015,the problem of decentralized administrative registration has been solved to a large extent,which also provides a legal basis for promoting the smooth implementation of the related work of unified administrative registration of real estate in China.By studying the legislation and practice of the current legal system of administrative registration of real estate in China,the author finds that there are problems in the registration practice and judicial practice,such as the confusion of registration mode and the inconsistency of judicial review standards.In addition,the number of administrative cases of real estate registration rose sharply and a large number of registration errors occurred.In order to better solve the above problems,the author will take China's real estate administrative registration legal system as the subject of the relevant research.This paper will focus on the mode of registration review and the definition of legal liability for registration errors and judicial review.Through research and argumentation,combined with data,charts and typical cases for full discussion,the author believes that it is more practical and scientific to set up a registration review mode that is mainly based on formal review and supplemented by substantive review.And in order to better solve the problem of a large number of registration errors,through research and argument,put forward should be unified real estate administrative registration judicial review standards of innovative ideas.In general,theoretically,from the perspective of administrative law,this paper discusses the important embodiment of state power obligations and civil rights obligations in the legal system of real estate administrative registration.In practice,specific measures are taken to improve the legal system of administrative registration of real estate in China.This paper is composed of three major parts from the main frame,the first part is the introduction of the thesis,the second part is the most important body part,and the last part is the summary.The main body consists of four important parts:First,it mainly uses data,charts and typical cases to study the current situation and problems of the legal system of real estate administrative registration.According to the content of the current situation can be specifically divided into legislative status and practice status of the two aspects of the content.It is mainly composed of three small parts,namely,history,current system and specific measures adopted by various regions.The problems mainly indicate that there are problems in the administrative registration of real estate in China,such as the confusion of registration modes and the inconsistency of judicial review standards.Secondly,firstly,the paper introduces the review mode of real estate administrative registration,that is,the formal review and the substantive review,and compares their advantages and disadvantages.Secondly,the typical countries outside the region,namely Germany,Australia and Japan,have different modes of administrative registration review of real estate,which are analyzed and studied.Finally,the paper analyzes the current situation of legislation combined with typical cases to fully explore and analyze the problems of the review mode and standard inconsistency of the review mode of administrative registration of real estate in China.Third,it mainly analyzes the definition of legal responsibility and judicial review of registration errors.First,it indicates the reasons for choosing the case of registration errors as the research object of liability definition and judicial review.Next,the meaning of registration errors and other basic theories are analyzed and summarized.Finally,combining with typical cases,this paper focuses on the definition of legal responsibility and judicial review of errors in administrative registration of real estate,which is of great practical and research value.Fourthly,in view of the above problems such as the confusion of registration mode and judicial review standards,some Suggestions on improving the legal system of real estate administrative registration in China are put forward theoretically and practically,which is also the important innovation of this paper in terms of content.The development and improvement of the legal system of real estate administrative registration is of profound significance in improving the efficiency and level of government governance,protecting the legitimate rights and interests of real estate right holders,safeguarding transaction security,further improving the modern property right system,and laying a solid and firm foundation for the prosperity and development of China's socialist market economy.