The Analysis Of The Housing Registration Case Of Mr.Huang V.District Registration Authority

Real estate registration is the act that the registration authority records the natural condition,rights status and other items that should be registered in the real estate register according to the law and makes them public according to the application of the party or the legal provisions.The establishment of a unified registration system for real estate in China can not only maintain the security of real estate transactions,but also is an important measure to protect the property rights of real estate right holders.In the real estate register,the examination is the most core link.At present,there is still a great debate in our country on what kind of review standards should be fulfilled when the real estate registration authority reviews the registration materials,and how the court should reasonably review the legality of the real estate registration authority’s registration.This paper selects the Housing Registration Case of Mr Huang V.District Registration Authority,analyzes the focus of this case,defines the concept that the registration authority should perform the review standard of “reasonable prudential duty” and proposes factors that the court should consider when reviewing the legality of registration act,and suggests that the legislature should make clear that the real estate registration authority should perform “reasonable prudential duty” and has “the power of investigation” when enacting the “Real Estate Registration Law”.In addition,in judicial practice,false registration of housing cases occur frequently.This kind of case is often the person with no right to dispose house who forges false registration materials,defraudes house transfer registration,and sells or mortgages the house.In the face of the problem of which judgment method to choose in the case of real estate registration error caused by fraud in judicial practice,this paper analyzes the judgment concept that is “when bona fide third party claims to obtain a house mortgage,it constitutes a reason to prevent the cancellation of the house transfer registration”,which established by the selected cases.The judgment concept is concluded that if there is a third party in good faith,the court could not simply judge the deregistration at this time.Instead,it should apply to confirm the illegal judgment and not deny the effect of the registration.Only in this way can we better protect the security of real estate transactions,the legitimate rights and interests of bona fide third party,and maintain a good social and economic order.Finally,this article puts forward the factors that the court should consider when choosing the adjudication method and suggests that China should attach importance to the establishment and improvement of the guidance system for real estate registration cases,and clearly list the interests of bona fide third party as a case of confirming illegal judgment in “the Administrative Procedure Law”.Therefore,it is expected that in the future cases of housing registration,the judicial authorities can better protect the legitimate rights and interests of bona fide third party and maintain the credibility of real estate registration and the unity and authority of the judiciary.