Research On The Legal System Of Real Estate Registration Review In My Countr

The famous Chinese thinker Mencius believed that people must have "constant yield" to have "perseverance",if there is no "constant yield",there is no "perseverance",although after more than two thousand years of development,this view still has a certain rationality.As a result of the steady rise of our national economy,the number of real estate owned by our people is more and more,in order to avoid property rights disputes,it is necessary to register these properties,so as to protect the legal rights and interests of property rights owners.The core of the real estate registration system is the real estate registration examination system,which directly affects the credibility of registration,the efficiency of registration and the equality of legal responsibilities.With the Civil Code as the guide,the Provisional Regulations on Real Estate Registration(hereinafter referred to as the Provisional Regulations)as the core,the Implementation Rules of the Provisional Regulations on Real Estate Registration(hereinafter referred to as the Provisional Regulations),and other rules and regulations as the support of the preliminary establishment of the real estate registration system,to ensure the implementation of the unified real estate registration system.However,due to the continuous development of time,the real estate registration system appears more and more prominent problems.According to the survey of the real situation of our real estate registration system,different departments practice the real estate registration audit standards are different,but not uniform.For example,the legislative branch uses substantive review,the executive branch uses formal review,and the judicial branch uses "reasonable prudence." Therefore,it can be found that the problems in our real estate registration system are mainly manifested as the review standards are not unified,the review process is lack of standard standards,and the review responsibilities are not clear.If we want to ensure the security of real estate transaction and make the order of real estate market transaction more orderly,it is very necessary to study the real estate registration and examination system and make it more perfect.In order to perfect the registration system of Chinese real estate,we must combine the development status of the registration of real estate,and bring the contradiction between public and private rights into the reference scope,we can consider starting from the clear examination standard of real estate registration,and determine the different examination intensity at different stages,different matters should be established to distinguish the examination standard,Clear judicial review on the boundary of the real estate registration organ "reasonable prudent duties",gradually standardize the perfect real estate registration review process,the construction of real estate registration error imputation and compensation mechanism,appropriate introduction of notarization and improve the system of real property registration agent,more measures and promote the improvement of the system of real property registration review.