On The Registration System Of Real Estate Transactions

With the deepening of reform and opening up in China and the deepening of the reform of commercial property, real estate gradually from the State plan product to free trading commodities, even today, real estate industry even became the pillar industries of national economy, real estate has also become one of people'important wealth. In reality, many families are gave everything to buy real estate, but sometimes get nothing because of inadequate trade legal system of commercial housing, which will not only hurt the buyer, but also against our country's real estate which as a mainstay industry. In this context, security is particularly important in commercial transactions, and it also determines the importance and urgency to reserch commercial deal registration-related legal issues. Commercial transactions registration refers to such a law system, according with the law, the relevant State organs set the ownership of commercial transactions in the process of registration to a specific book, and a legal system that issued the certificate of real estate rights. It is a basic system to manage and protect the legitimate rights and interests of the parties concerned of real estate, aimed at occurrence the publicity and credibility of real right.In this article, we have studied for the deal registration system of commercial buildings, introduced business issues of real estate deal registration system, analysised the creation of the basis, the value and effectiveness of the system, noted the inadequacies of the current system and new issues that arise in practice, proposed a recommendations that we should build and improve the registration system of housing transaction, hoped it will benefit the improvement of commercial housing deal registration system..This article is divided into four parts:the first is through the processing of cases in judicial practice, analyzed the present situation of China's commercial housing trading registration system, introduced deal registration related issues arising in the course of commercial property, select description and analysis from different forms respectively. The main problems are:registration authority is not unified, registration information dispersed; registration procedures uniform; registration validity uncertain; advance registration and objection registration system does not improve. And then reviewed the issues in the field in China. Part two:full range analysis on the commercial transactions registration system.Firstly, this section describes the basic theory of commercial housing registration system, including the concept of the origin, nature, characteristics and so on. and then, analysis housing deal registration system design support, meaning and function.Through the above discussion, we have got a whole understand and grasp in relevant knowledge on housing transactions registration system. The third part is the comparative analysis of foreign commercial transactions registration. Registration system of real estate transactions have elapsed nearly a thousand years of history, registration of real estate transactions in the modern sense originated from France mortgages of land registration, with the deepening research on the question and legislative practice, foreign commercial transactions registration system has formed three main legislative model currently:First, meaning on the formalism of the registration; second, form on the registration of property rights of entry into force; three is right delivered. This article has elaborate on its nature and characteristics respectively, and have tried to comment on their respective advantages and disadvantages.Part four is the perfecting of China's commercial housing deal registration system. This part mainly about on above demonstration of foundation, reference part foreign of experience, combine with the features of China's commercial housing transactions, based on the existing problem of commercial housing transactions registration system, to solution actual problem for guidance, has made perfect commercial housing transactions registration system of thought and recommendations. In the entity method, not only to judicial explained of form refinement original provisions, but also to addition related provisions on existing legal blank department. In the procedural law,out of the administrative, combined with China's national conditions, improving deal registration of commercial housing, so that to make more detailed and operational requirements in property registration in the laws and regulations on housing registration system in the future.