Researches On The Real Property Advance Notice Registration System In China

In the changing process of the Immovable Property Rights,the Real Property Advance Notice Registration System is very important.After the Reform and Opening up Policy,the research on the Real Property Advance Notice Registration System,which is not mature,is relatively backward in China compared with some economically developed countries,such as Germany,Japan and Switzerland.The research in the field of this system in China started relatively late and is still developing.Compared with other foreign countries,it is still lagging behind in the theoretical research and the establishment of regulations.Since the first time the Real Property Advance Notice Registration System has been mentioned in the Property Law,some relevant departments in our country has improved many regulations to complete it.After improving and polishing,it's connotation and content are clearly sorted out.But due to the shortage of the current legislation and weakness of law enforcement,when dealing with the market economic transactions,the system is still applied on the theoretical stage,and most of the time it can't play its original function.Although the system is only a small law in the Property Law,it is an important part of the Immovable Property system,which plays an important role in maintaining the stability of transaction and economic development.Countries all over the world attach more importance to this system,and there are many researches in China.However,due to the late application of the system,there are more researches on entity qualitative aspects while less systematic researches on operation procedures.Therefore,on the basis of previous studies,this paper,referring to the practices of foreign advanced countries,retrieves the deficiencies of the Real Property Advance Notice Registration System,and then puts forward suggestions that are in line with China's reality.The content of this paper is divided into three parts.The first part mainly discusses the basic situation of the Real Property Advance Notice Registration System in our country,including stating it's connotation and development,analyzing its legislative and social functions,and introducing the general situation of its development in China.The second part mainly discusses its deficiency by briefly introducing the current effective law in China and criticizing the deficiencies of its present condition in China.The third part is a brief introduction of the general situation and reference of the Real Property Advance Notice Registration System in other countries,and a proposal of some improving suggestions.By means of studying from other countries,like Germany,Japan,Switzerland,which have already developed relatively mature in the field of the Real Property Advance Notice Registration System,this passage is going to further study the system and figure out the legal provisions.Based on the reference in countries such as Germany,Japan and Switzerland,and considering the current legislative status,background,technology and other factors in the field of the Real Property Advance Notice Registration System,this paper puts forward a feasible scheme for the application scope,establishment procedure,registration effect and cancellation procedure of the Real Property Advance Notice Registration System.Combined with the current legislative situation,legislative background,legislative technology and many other aspects of our country's real estate notice registration system,the scope of application,establishment procedures,registration effectiveness,cancellation procedures,four aspects of improvement suggestions are put forward.: 1.To expand the scope of application moderately,Part of the real right of special movable property change claim,real property content or the right to request sequential change,with conditions or time limit of real property change claim right into the scope of application of the notice registration system.2.Perfecting the establishment procedure will increase the right of the registered right holder to apply for notice registration unilaterally,endow the court with the right to make the order of forcible notice registration,and adopt the principle of compulsory notice registration to the real right of some special subject matter.3.Perfecting the registration effect will increase the rank preservation effect of notice registration,adopt the principle of relative invalidity to define the intermediate disposition act and endow the notice registration bankruptcy protection effect.4.Improve the cancellation of registration,adjust the description of some clauses,establish the cancellation procedure of the notice registration system and advance the advance notice registration system.