Of Real Estate Registration System

Real Estate property registration is a basic principle of public trust publicity requirements, improve real estate registration system to help clear the ownership of real property, real estate transactions to maintain order and ensure the security, socio-economic stability and order of life has very important significance. Real estate registration system is an important part of property law; "property law" on China's real estate registration system has a lot of innovations, but also from many places of the principle of specification. However, the relevant real estate registration system there are many imperfections, these deficiencies affect the value of real property system to play, but also affect real estate related to the specific interests of rights holders, the order is difficult to guarantee the stability of China's real estate market. Establish and improve real estate registration system is the development trend of national property rights legislation, this article from the basic theory of real estate registration system beginning for our country, "Property Law" of real estate registration system established by the problems in the analysis, and recommendations. First, the concept of real estate and real estate registration were clear. And analyzed the current properties of a variety of real estate registration law understanding that the act of registration of real estate is a series of actions to be mixed, not only with nature but also has a private law nature, the nature of public law will gradually trend was weak trend, while the private nature is gradually clear out.China's "property law" provides for notice of registration, objection to the registration, registration of three kinds of correction of the type of real estate registration. Registration requirements are there to imperfections, such as the notice of registration of the narrow scope of application, the application of harsh conditions, only provides notice of registration of three in the effectiveness of the preservation effect; placed in correct register objections to registration. In reviewing the way the system is not clear that substantive review of doctrine adopted; lack of responsibility system the registration error nature of the liability, the principle of attribution, relief patterns and sources of funds for compensation.Narrow scope of application for registration of notice of the situation, should expand its scope, notice of claims to preserve the right to request the registration is not limited to protocol. Clear objection to the registration of the effectiveness of objection to the registration on behalf of registered cases of people still have the right to dispose of the property, if the objection to the registration is correct, then the disposition is invalid, otherwise valid. Allow interested parties to apply unilateral objection to the registration, and asked for guarantees. Objections to registration will be placed before correct register. Registration review, to take a notary public and registration authorities in the form of substantive examination review the review model. Registration error should belong to civil liability, the use of civil procedure rules and the principle of fault liability.