Problems And Countermeasures In The Implementation Of The Real Estate Registration System In China

Based on the empirical investigation of the real estate registration in China and the experience of the real estate legislation and practice in some foreign countries,China promulgated the interim regulations on real estate registration in 2014 on the basis of the relevant provisions of the property law,and then promulgated the implementation rules of the regulations in 2016.At present,the main purpose of legislation,law enforcement and judicial practice of real estate registration in China is to ensure the right of real estate registration,protect the legitimate rights and interests of the right holders,and facilitate the management of real estate by the state.In the system design,we should follow the principles of protecting the rights and interests of registration right holders,improving the market efficiency,and benefiting the people.Under the background of informatization,local governments have also formulated information and data sharing strategies suitable for their own economic development.Based on the investigation of the implementation status of real estate registration in China,this paper finds out the existing problems in the implementation of real estate registration according to the results of the investigation and research,and proposes corresponding solutions based on the implementation experience of real estate registration in other developed countries.The article is divided into four parts.The first part is an investigation of the implementation status of real estate registration in China,the first half of which is aimed at Beijing,Shanghai,guangzhou and shenzhen,a first-tier city with relatively developed economic development,and the second half is aimed at other cities besides the above-mentioned cities.Of the cities in the "provisional regulations" after the release of what is in response to a comprehensive survey,including the related real estate registration rules,measures,methods,registration procedures,and the set of real estate registration organ,organization within the integration status,training situation,the external personnel,property right card issuing and registration error after generalizes the correction and liability to pay compensation,etc.The second part is the status quo of China’s real estate registration in each region,after the implementation of the present situation,find out the current problems existing in practice of the real estate registration,including the unification real estate registration procedures as provided by law,real estate registration information construction,review obligation and responsibility of the registration authority,after the registration error of relief and so on.The third part is a comparative study on the practice of real estate registration management in foreign countries.This part focuses on the implementation status,Germany and the UK real estate registration system for these countries outside for real estate registration of positioning,institutions,and the officials quality requirements and information platform construction,and so on and so forth,a comprehensive introduction to the advanced experience in the process of its implementation,in the construction of real estate registration system in our country can learn from.The fourth part aims at the problems existing in the implementation of real estate registration in China.Combined with the advanced experience of countries outside the region,the following countermeasures are put forward: first,to clarify the improvement of the real estate registration procedure system in terms of legal provisions;The second is the improvement of the balance between the sharing of real estate registration information and the protection of rights;Third,it is the perfection of the examination duty and obligation of the registration authority.Finally,it is the countermeasure research of remedy because of registration error.