The Research On Motor Vehicle Registration System In China

The integrated motor vehicle registration system is composed of three elements: first, the basic element, namely the register office and register book; second, the procedure element, which is about standardizing the items of motor vehicle registration for register office and its personnel; third, the result element, namely the legal practice and legal effect after motor vehicle registration procedure works. Only when these three elements correlate closely and coordinate harmoniously can the motor vehicle registration system work normally. However, because of some causes such as history and reality, concept and system, this system hasn't been paid due attention to in China for a long time. Under such background, the author, from the basic theory of motor vehicle registration, makes an overall description of the history and the present state of motor vehicle registration system in China. Besides, combining the working procedure of domestic traffic office and the related regulations of motor vehicle registration, he comprehensively analyses the motor vehicle registration office, the data needed when registering, the nature and function of register book, and concludes a fundamental construction of motor vehicle registration process. Real Right is one of the most important civil rights, being absolute and to the world, which decides that a particular publication way must be adopted when it changes because of legal acts. Although every country under Continent Law admits that registration is the publication way of motor vehicle real registration, because of the differences in legal tradition, legal thought and legal environment and so on, they make form-oriented or meaning-oriented legislation choices concerning the essential condition of real right alteration, which leads to different effects given to registration in motor vehicle real right alteration. In fact, the choice of real right registration effect, on the one hand, concerns with the law value that a country hopes to embody in real right trading field; on the other hand, also concerns with the strength that a country realize its functional loads by means of registration system. Combining our country's reality, although the real right registration legislation of the registration-effective principles can, to some extent, ensure the safety of trading, its expensive cost is inadaptable to China's current national conditions; while registration-antagonism respects the concerned party's autonomy, it also can protect the trading under the precondition of rational definition of registration real right resisting force, besides, it has advantages of low cost and effectiveness and so on. Therefore, this article reaches the conclusion that registration-antagonism is more adaptable to Chinese legislative needs. On the basis of referring to the theory of registration-antagonism in Japan Law, it also puts forward the limiting standards of the scope of the third person to whom China's registration real right can resist. Meanwhile, In accordance with registration-antagonism, only when the registration is public-believed, the trade safety can be better protected. Therefore, public believing force should be given to motor vehicle real right registration in China. On the basis of referring to the theory of registration-antagonism in Japan Law, this article puts forward the limiting standards of the scope of the third person to whom China's registration real right can resist.The main problems existing in China's current legislation are as follows: the system of publicizing registration information is imperfect, real right registration effect is unclear, lack of relief system against registration error and so on. Based on these problems, this article takes the current national conditions as starting point and puts forward corresponding countermeasures in terms of concept and legislation. As the system of publicizing registration information can hardly be carried out in practice, to distinguish the content of exoteric information, to confirm its object and to standardize its process has become an important manner to promote the publication of information. Although motor vehicle real right registration is defined as registration-antagonism, its effect on the relationship between registration and occupancy is unclear. Because registration is usually interposed by public authorities, its effect should excel occupancy. Registration error is due to procedural result. "The law cannot go into force by itself." Due to the influence of executants and concerned party, it is inevitable to come into various fault results during procedure working which cannot correctly reflect the real rights. Consequently, a practical and effective remedial measure is to implement the responsibility system of registration office and relevant people.