Study Of Real Estate Registration System In China

As one of the most important elements of the LAW of THINGS, the system of the registration of real estate plays a significant role on the change of real estate right in rem.Howerver, our system of real estate registration, which is mostly on the basis of administration, is not a real registration system on the REAL RIGHT of CIVIL LAW. It could not meet the demand of the quick developing market of real estate. Now, from the angle of the LAW of THINGS, with the relatative theories of continental genealogy of law, the dissertation want to make further analyses on the registration regulation, effect and system, which is the three key points of the existing real estate registration system. And also the author would like to give some suggestion for our future system.1 .The unified registration regulations are the base of the system of the registration, including the unified office, the unified procedure, the unified right certificate and the unified regulation all over the country.2.The effect of registration is the core point of them. Since the model of antagonism effect under hopefulness legislation has serious defects, which can not be overcome, the model of entry of the registration into force under eclectic legislation now become our best choice. As to the bona fide acquisition of real estate, we should support it.3.Considering the important effect on the protection for the parties concerned,some systems should be established,such as the advance-notice registration, the alternation registration, the opposition registration and the right to petition of the registration.