Issue On The Unification Of The Registration Power

When the enthusiasm for the Property Rights Law acting had been fade away, and there did have progress referring to the registration system and authorities, but a lot of problems still exists: administrative registration and real estate registration authority are messed up; registration effectiveness and registration antagonism are not so cleared up; there are so many registration regulations made by different registration authorities that applicants didn't know which to choose. As registration and the related authorities play an important part to make sure clearly-established ownership and smoothly right transfer, so the disunity of registration authorities and the unclear power can easily lead to the interruption of the private rights. So how to understand the basic theory of registration? And how to improve our registration power?The preface and the introduction make brief comment on the current registration power, and the issues generated from it. Compared with the previously research methods, this article makes the research from logical system and value system, to set limitations theoretically and practically, to unify the registration power so as to play full advantage of registration.Chapter 2 discusses the registration theory from logical system. It starts from clarifying what is real property, and which of them could be included into the registration system, which means a lot to the unification of registration power. Besides, the logical frontline is whether the public reliance should be considered into the system of public informed. After introducing the juristic act of real right theory, makes it clear the in-house transaction is relied on the public reliance without"non-reason"theory. So the registration power unification play an important part in the public reliance system. Then, logically, the next step of public reliance is the system of real estate obtained of good faith. The standard of it exits in the unified registration. Thirdly, referring to the registration mode, there are different requirements to registration power depending on different secure suppliers. It should be identified the power limitation to prevent the interfering of private right. Finally, clarify the united registration power play an important part in in-house transaction and the protection of third parties'right.Chapter 3 makes statement from value system. It first discusses the character of registration, make it clear that it is the theory basic of registration power unification. Then gain a clear idea of the value it takes, including the in-house transaction, and transaction convenience, all of them need the security of registration power unification to make them come true. Finally, from the point of our country, the main task is to set constraints to registration power, makes comments from registration ability, investigation limitation, procedure in law, compensation scheme and greffier quality respectively, to set frame and limitation to unified registration power.Chapter 4 comes up with feasible suggestions to the relationships that should be unified and to the capable registration power in our country.Last, on the base of these four parts, it draws a conclusion that, we should unify our registration power to make it right both logical and value system, at the same time abide by the limitation of registration to ensure the procedure of registration system fluently and justified.