Study Of Real Estate Registration System In China

The system of real property registration is not only the terms of regularly exchanging property, but also the foundation on which property right system relies for existence in modem society. Only based on a completed system of real property registration, most real property right can be established and put into effect guaranteed. Many countries in the world, no matter what civil law family or common law family, have established the system of real property registration respectively in accordance with their own characteristics from legislative aspect of property. German, Japan and other countries in common law family have established and developed the system of real property for more than 100 years. However, the system of real property registration was back to normal and implemented only 20 years ago in China. And Chinese legislation of property is weak to be created. Especially the system of real property registration is not perfected because market-oriented economy was established lately. Basic theories of real property registration are worth to be studied considering the important role of real property registration system in modem economy and life and the current condition of real property registration legislation. This research paper studies on many issues concerning real property registration from historical, social and comparative aspects. And it focuses on analyzing the existing problems in the system of real property registration and offering legislative proposals and measures for establishing and perfecting the system of real property registration in China on the basis of drawing on some domestic and international experiences of theoretical studies and achievements.This paper is subdivided into five parts with total words of 38,500 also.Part One: The basic theories of real property registration system. This part mainly illustrates the concept of real property and real property registration system, studies on the nature and function of real property registration, analyzes the effect of public conviction of real property registration.Part Two: The comparison and evaluation for main kinds of real property registration system. This part focuses on studying the comparison and evaluation among contract register, right register and real estate register with comparativemethodology. Its purpose is to find out the better system so that China can draw on some experience.Part Three: The historical evolution and current situation of legislation on real property registration system in China. This part makes brief introduction of the historical evolution and current situation for legislation on real property registration system.Part Four: The shortcomings of real property registration system in China. This part focuses on analyzing the defects of real property registration system in China from the aspects of legislation and judicial practice in order to find out the weakness of real property registration system in China to perfect itPart Five: The establishment and improvement of real property registration system in China. This part is the core of the paper. Considering the existing shortcoming of legislation and judicial practice for real property registration system in China, Chinese realproperty registration system should be established and perfected on the basis of drawing on domestic and international experiences. At last, the author proposes that the priority of safety and efficiency should be given to orientation of value, legislation mode and selection for real property registration system. Then the system of real property registration should be established and improved gradually.