The Analysis Of Dissidence Registration System

Although the introduction of the dissidence registration of the existing law registration system,the concrete provisions are not to the utmost perfect.Through learning advanced foreign experience in legislation and combing with the related system of Real estate registration,this paper researches the relevant issues of dissidence registration system systematically and thoroughly, which hoping to put forward some useful opinions on the framework of the existing legal system.This article consists of four parts expect the prelude and postscript.The first part is the elements of the dissidence registration system. In reference to this system in Germany and Switzerland, there are varies kinds of ways which can result in the occurrence of the dissidence registration, for example, to carry out according to the injunction ordered by the Court; or according to the authority of registration body. Interested parties applying for dissidence registration must satisfy the following requirements, having effective preliminary evidence on "incorrect registration",having the subject qualification and registering before the registration time happens credibility.The second part of the article summarized the legal effect of the dissidence registration. The legal effect of the system can be discussed from four aspects respectively as follows, the basic effect, the effect of the dissidence registration to the third party,the validity of the dissidence registration to the obligee,and the effectiveness of the dissenting registration to the real right holder. Currently, however, there are two distinct views about the realization of the effect of the dissenting registration. One is blocking-up in advance, the other is blocking-up afterwards. The third part introduces the extermination of the dissidence registration.Combined with the related regulations of "land registration method" and "Housing registration measures". There are five situations of the extermination of the dissidence registration, firstly, the mistake of registration is eliminated; secondly, the destroy by security rights; thirdly, the duration of the dissidence registration expires; fourthly, the applicant voluntary cancellation; fifthly, the dissidence registration revoked by the court or in not considered correct.The last part explores how to bear the liability of damages. According to "Real Right Law of the People's Republic of China",we can see that if the register suffers losses owing to untenable dissenting registration,both the applicant and authority should be liable for compensation .And here's liability for damages shall belong to the tort liability ,so a person who undertakes the liability should have infringed other person's rights or things and the conduct should meet the tort constituents.In addition, we shall introduce compensation fund in course of procedure of compensation caused by mistaken registration,so as to further protect the rights and interests of the related parties.