On Real Estate Preliminary Registration System

This article tried to clarify the judicial purpose of the real estate preliminary registration system (REPRS) through analysis of the concept, legal resources, legitimacy and characteristics of the REPRS. Then the disfigurement and the reason of legislation on REPRS and those of the commercial housing pre-selling registration system (CHPRS) which is similar to the REPRS was discussed. Furthermore, this article also tried to prefigure the possible effect to the CHPRS taken by the REPRS. At the same time, comparison is made to the REPRS in Germany, Japan and Chinese Taiwan, which was used for the reference. Finally, it is suggested to build up REPRS fits to the current situation of China by establishing the logical legislation mode and ameliorating the clause in REPRS, including expansion of the scope and conditions of preliminary registration, designation of its legitimacy, procedures, reasons and factors of disappearing and removal, etc..