Study Of Objection To The Registration System

The objection to the registration system is a real estate to register system of the importance constitute part, having important meaning to the stability trading.But, always the system didn't get the approbation of our country law.During the establishment of《Real Right Law of the People s Republic of China》(《Real Right Law》), around whether should bring into objection register system, the educational circles formed with Huixing Liang professor for the representative's affirmation parties and with Liming Wang professor for the representative's negation send.《Real Right Law》finally adopts the standpoint of affirming the parties and established objection to register system.The objection register system originates the Prussia method in earlier period, drive Germany, Switzerland and Japan and our country Taiwan region extensively draw lessons from,forming modern objection to register institutional of system. At our country, the scholars register to the objection institutional of concern less, and mainly concent the objection in the more analytical other nations and the regions register system, lack ing to our country objection register system of blemish and apply the problem appearing in the process to carry on rational analysis.This text takes this as a chance and register to the our country real estate objection system of applying and carrying on thorough analysis, for perfect our country the objection register system to provide a suggestion.This text is divided into a four-part cent, about 30,000 words.The first part is an objection to register a system basic theory outline.The objection register system originates the Prussia method in earlier period and is drawn lessons from by German civil law at the earliest stage and got a development in the Switzerland, Japan and our country Taiwan region, all countries combined the native real estate register system to register system to make to the objection different norm, these norm to our country the objection registered system of setting up and having the importance drew lessons from meaning. At our country, objection register system establishment of in the process, the scholars registered a behavioral property to appear a great rift to the objection and mainly had public laws behavior saying, proof the behavior saying, the private method behavior saying, compromises to saying etc., I think to compromise to saying, then think objection to register behavior to have the dual attribute of public laws and private method, can even embody our country objection register system of essence.The second part is an objection to register system's the introduction of the creation development and current concrete norm in the our country.At our country, what first time stipulates objection register system is《real estate in Shanghai City register regulation》that comes into force on May 1,2003, the regulation for the first time at our country use "objection register" in the law document, and set up the complete objection register system. Afterward, Wuxi City, Tienjin City and Shijiazhuang City continued to register to bring into objection register system in the regulation at it, these norm formed our country objection to register an institutional embryo and finally established objection register for《Real Right Law》system to provide precious experience. The objection registers system is after the our country establishes, because RRM to the objection register effect to stipulate not and definitely, cause《Land Registers law》and《House Register law》appear conflicting rules, think to this writer the initial effect that the objection registers lies in the public's trust that stops real estate register and stop the other people good intentions to obtain of apply.Secondly,objection to register don't limited real estate register right of the person's punishment right;Finally, objection register oneself do not have to register exactitude to predict outcome effect, also not ability to objection register oneself carry on objection register.The third part is particularly, concretely analyzed objection to register system of apply a problem.First, concerning objection register of apply a condition, main concentration in to the explanation analysis of "relation person", "think" and "register mistake", explicit objection register system of application corpus, condition and the situation of objection. Secondly, clearing in meaning objection registers system of apply scope, advocate objection to register system to be applicable to collective ownership and private ownership, use benefit real right and guarantee real estate real rights like real right,etc and prior announcement register, but unwell used for national ownership and confiscate seal register.Analyze the start mode of objection register system again, think current objection of our country to register system to only be limited by relation person one side application mode can't ability effective protection real estate register right,we should add to establish to provide guarantee as to apply for a condition. Suggest to increase right moreover the person agrees of start mode, but should not bring into a court to entrust, the administration organization is according to the modes like authority,etc. End, elaborate our country laws registers to exterminate the last conflict rules in the objection and thinks that the situation that the objection register exterminates has 3 kinds currently:Through in addition to scold a period automatic expiration, relation the person apply for to deregister, objection register the applicant dissolve an application.The forth part is a textual innovation point, suggesting to set up objection register an infringement responsibility system.The objection registers an infringement to mainly is divided into the objection register applicant's infringement and objection to register an organization infringement.The former means that the objection register applicant's malice makes use of objection register the system violate real estate register right the person's rights, should adopt a fault responsibility as to it's does the principle carry on returning a responsibility.The latter means objection register the organization have no exactitude to carry on objection to register to register an applicant for objection to result in losing situation, should adopt a principle without the fault responsibility and undertake the indemnification to register the applicant to objection responsibility.This literary grace is used more analytical, substantial evidence analysis, the value analysis, law explain the method for learning to objection register the system carry on a research and point out our country objection register the blemish of system existence, and register to the objection of apply to carry on gradually analytical, put forward a perfect suggestion.The article finally aims at an objection register infringement problem and put forward to set up objection register an infringement responsibility the system, when the objection registers its function inside the scope of biggest system, also guarantee real estate register right the person's rights' doing not need is arbitrarily violated.