On Liability For Error Of Real Estate Registration

In recent years,there has been a warming trend in the research of real estate registration errors.Documents on real estate registration errors have gradually increased in China,especially in the context of the compilation of Civil Code.The general principles of Civil Law provide theoretical guidance and theoretical support for the compilation of estate rights.Although China's Property Law has a special chapter on the registration of real estate,generally speaking,there are few legal provisions on the registration of real estate,and most of the principled provisions are still insufficient to solve the problem of misregistration of real estate.With the gradual improvement of the unified real estate registration system,the responsibility of many registration agencies is concentrated in one registration institution,which makes the real estate registration face greater risks.Therefore,perfecting the system of liability for compensation for real estate registration errors is an important content and goal of improving the real estate registration system in China.It is necessary to determine the subject of compensation and the scope of compensation to establish a perfect system of liability for compensation.Firstly to establish a perfect system of liability for compensation,through the analysis of the imputation principle to determine the subject of compensation liability,and then analyze the nature of compensation liability to determine what responsibility the subject of liability should bear.Then,according to the four elements theory,the author analyses the composition of the registration errors of real estate.Only those fourelements can constitute the compensation for the registration errors of real estate.There are four points of view on the principle of liability for compensation,and it is more reasonable to adopt the principle of fault liability.In addition,because the registration of real estate is an important part of the special chapter of the Property Law,it should be characterized as a civil act.When the registration of real estate is wrong,therelevant liable person should bear the civil liability for compensation.After determining the subject of compensation liability,it is necessary to discuss what kind of losses these subjects should be liable for,that is,the scope of compensation.The compensation model that our country should adopt is the supplementary compensation model,in other words,the full compensation model that limits the indirect loss.Therefore,the compensation scope of the person liable forcompensation in the misregistration of real estate should include the direct loss of the victim and the loss of available interests in the indirect loss.At present,the main way of compensation in our country is still state compensation,the phenomenon of real estate registration errors is not reduced,and the state financial pressure is still great.It is necessary to seek a set of risk dispersion mechanism of compensation for real estate registration errors.In recent years,the academic circles have mostly explored the compensation fund system,and some regions have also incorporated it into the law.For example,Article 54 of the Regulations on the Registration of Real Estate in Shenzhen Special Economic Zone stipulates that:"...A certain proportion of the real estate registration fee shall be included in the registration compensation fund,and the specific measures shall be formulated separately by the municipal government.In addition,Guangzhou took the lead in implementing the real estate registration liability insurance system,and other regions have followed suit and achieved certain results.But at present,this system is still in the stage of exploration and practice,there is no specific legal provisions,nor a perfect system,which can not effectively regulate the problems in practice.Therefore,institutionalizing the registration liability insurance is an important part of improving the liability system of real estate registration in China.