| In recent years, the government and the social sectors raise their concern about the difficulty in implementing of the national law. Actions have been taken at various levels of legislation, justice, administration. However, it is impossible to accomplish the whole task at one stroke. One of the root of the problem is the defective system of registering the property, especially the registration of real estates, which has caused the three problems listed as below:The difficulty in retrieving the property;The difficulty in taking out the property;The difficulty in implementing the legitimate rights of the creditors.The rules of registering and sealing up real estates are clearly prescribed in the rules of civil execution about sealing up, seizing or freezing of property which issued by the Rules of the Supreme People's Court and was put into practice from October 1, 2005. It is stipulated that where seal up, seize or freeze the registered real estates, designate movable property or other property rights, relevant registration authority needs to be noticed according to the second paragraph of Article 9 of the said rules, which has laid the foundation of the rules regarding sealing up and registering real estates. A special rule is specialized in the first part of Chapter 2 of the Real Right Law of the People's Republic of China which was put into practice from October 1, 2007. It states in the Article 2 that the registration of real estates shall be handled by the institution where the immovable properties are located. The government institutes a unified policy of registration. The scope and method of the policy is stipulated by law or by administrative regulations. But to this day, registration law of real property registration is not issued yet. The completion of real estates registration system is not only related to the vital interests of the party, the assurance of civil action and civil execution, but also concerns the order of real estates market transactions and the judicial authority of the law enforcement organs. Therefore, the real estate registration system in the civil implementation of specialized research on the application has more important practical and theoretical value.This article integrates nomology, legislative science, Civil Law and Commercial Law and other disciplines of research methods, and to take case analysis, also combined with the practical issues met on the process of the administration of justice and execution by both supreme court and intermediate court of Guangzhou. By induction and deduction, analysis and synthesis, to sum up the judicial practice of China in recent years of the successful experience in real estate registration system and deficiencies in the reference in Taiwan, Germany, France and other civil law countries about the practice of real estate registration system and successful experiences they gained, then points out the applicability of the completed real estate registration system in civil execution.The main contents include clarifying the meaning of real estate registration system, and the relevant concepts relative to the importance of real estate registration system to the implementation of civil execution. Analyzing the problems caused by the real estate registration system that exist in the civil execution by using some practical issues met on the process of the administration of justice and execution by both supreme court and intermediate court of Guangzhou. Summarizing the main form of that the current real estate registration system is out of place in needs of civil execution. A concept of building up the complete system is taking shape so as to adapt to the civil execution.By analyzing all these above, this paper has following innovations, suggests making laws of real estate registration as soon as possible, establishing the unified system of real estate registration in rang of whole country, clarifying the real estate registration by legislating, especially the preference effect of the sealing-up registration , that is after the sealing-up registration, applications have the priority of compensation in rang of creditor's rights at a certain rate; puts forward to realize the virtuous interaction between justice and administration, clarify the object of real estate registration, realize the cohesion in real estate registration and civil execution, pay more attention to protect the creditors'legal rights and interests; clarifies the content of obligation of the real estate registration institution in assisting execution,and the related authority and legal liability of the real estate registration institution, (clarifies the related authority and legal liability of the real estate registration institution and its obligation in assisting execution) , strengthens the symmetry principle of power and responsibility, strictly investigates the legal responsibility to the people or related enterprises who violate the system of real estate registration. |
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