Research On The Issue Of Real Estate Registration Review Standards

The examination standard for real estate registration is the vane for the examination work of the real estate registration authority.The so-called examination standard for real estate registration refers to the standard that the real estate registration institution should follow when recording the ovnership of real estate rights and other statutory matters in the real estate register according to law.It includes the examination authority and scope of examination of the real estate registration authority.However,the legislation does not make clear provisions on the standards of review,and the theoretical and practical circles have not formed a unified understanding yet,and the "reasonable care obligation" commonly adopted by the Judiciary does not have a clear and unified connotation.From this point of dispute,it is first proposed that the real estate registration authority should follow the principle of formal review,and substantive review is the exception to the review standard.The current theoretical discussion on the examination standard of real estate registration focuses on formal review or substantive review.The formal review focuses on the efficiency of registration,and die substantive review strives for the accuracy of registration.The dispute between the two focuses on whether the registration authority has the right to review the cause of registration.The Property Law and the Regulation on the Registration of Immovable Property define the obligation of the registration authority to review as:check,inquire,see in situ and register in a timely manner,and do not respond to whether or not the reason for the examination is acted.Through the analysis of tlie law and the focus of the dispute,the formal review is the principle,and the substantive review is the exception to the review standard.Among them,the depth of the substantive review should be limited to the formal legality of the registration of the cause.The standard can achieve the balance between registration efficiency and registration accuracy to the maximum extent,and it can also provide direction and operability for judicial practice.Secondly,the formal review is the principle,and the substantive review is the exceptional review standard.The specific examination standards of the registration authorities in the three stages of acceptance,examination and issuance of registration books are clearly defined.Both the acceptance and the issuance stages of registration books follow the principle of formal examination,and the acceptance stage exanines whether the registration materials submitted by the applicant are standard,full and complete.The registration and issuance stages check whether the contents of the registration books conform to the results of the examination and verification stage and whether the eollection of the certificate of rights conforms to the regulations.The examination stage is the most eomplex part of the registration.The transfer registration and mortgage registration should be substantially reviewed.In addition to the necessary form review,the examination includes whether the contract of sale and purchase or the mortgage contract between the parties is in conformity with formal legality.Whether there was a manifest impropriety.Thirdly,it is proposed that the principle of formal examination should be followed by the real estate registration authority,and the substantive examination should be the theoretical basis for the exception.First,based on the nature of real estate registration,real estate registration is an administrative registration act.The exercise of administrative power in administrative registration requires that there is a certain limit between administrative power and judicial power,and it cannot be exceeded by judicial power.Therefore,substantive review is excluded.Second,based on the legal effects of real estate registration,the legal effects of real estate registration can be divided into private law effects and public law effects.Among them,the effectiveness of private law involves:the conditions for the change of property rights,the pushing power of registration,and the effectiveness of public disclosure;The effectiveness of public law involves many areas of administration such as taxation,property census,and anti-corruption.The private law effect of real estate registration is the most basic and core effect The significance of real estate registration also lies in the ability to achieve certain private law effects.From the perspective of public power and private rights,public power cannot interfere with the exercise of private rights unless it is based on public interests.The change of real rights in real estate based on agreement between the parties belongs to the field of self-government,and the examination behavior of the registration authority should not interfere.In addition,it is of practical significance to adhere to the principle of formal review and substantive review as an exception.In terms of legislation,it is conducive to improve the real estate registration system and provide direction and ideas for the formulation of the "Real Estate Registration Law";In terms of administrative organs,it is conducive to clarifying the review obligations of the real estate registration authorities,and it is more operable in practice;On the judicial side,it is clearer to determine whether the registration authority has done a reasonable duly of care,so as to better allocate the responsibility for registration errors.Finally,the system of real estate registration is improved and suggestions are put forward.In order to avoid registration errors as much as possible,in addition to strictly complying with the standards of review,a registrar system is established,requiring real estate registrars to have corresponding professional and operational capabilities.This measure can reduce registration errors due to insufficient capacity quality and enhance registration accuracy;At the same time,a liability insurance system has been established to provide relevant stop loss guidelines and safeguards for registration errors.After the registration errors occur,insurance companies will give priority to compensation,and then recover compensation from different subjects according to the sharing of responsibilities,thus reducing the pressure on the registration authorities to compensate.It also allows the obligee to obtain more effective compensation.