Analysis On China’s Advance Notice Registration And Its Practice

In2007, the Property Law of People’s Republic of China clearly set the rule ofadvance notice registration, which is required by the economic development in ourcountry, also this pave the way for presale of commodity houses. The establishment ofthis system is a historical progress on property law in our country. Other legaldocuments in our country separately in the commodity house opens to booking acontract similar to that of the advance notice registration system and commonregistration system, many city and county cities in recent years and at the same timeintroduced a similar secondhand online registration and filing system. Some scholarsbelieve that these three cannot be equaled as one. But due to the confusion andincomplete property rights registration system, the administrative organ has nospecific law to execute assure buyer relief.This article in the argument opens to booking a contract registration and filingsystem and online registration and filing system and advance notice registration areessentially the same, Opens to booking a contract registration and filing system andonline registration and filing system are the concrete implementation of advancenotice registration system. Advance notice registration system is conducive to protectthe interests of buyers and sellers, but the advance notice registration system there stillexists many deficiencies in the implementation.Reference, this paper mainly through comprehensive analysis, theory research ofliterature and related data collection of advance notice registration system and practiceof advance notice registration system is analyzed with some suggestions on the improvement of the reference.This thesis is divided into three parts.The first chapter briefly discusses the relevant theory of advance noticeregistration system. From the definition, characteristics and properties of advancenotice registration to proceed with this. At the same time, through the analysis of thedifference between the system of advance notice registration and the registration toclarify significance of the existence of advance notice registration system value.The second chapter mainly elaborated in the trading market of real estate in ourcountry exist such phenomenon of advance notice registration. Through an overviewof the advance notice registration system in the current real estate transactions in ourcountry, to see the new home of the open to booking a contract registration and filingsystem.The third chapter mainly introduces the defects existing in the advance noticeregistration system. Pointing out the problems existing in the advance noticeregistration system through the actual operation and the content of the provisions.In this chapter also introduced the advance notice registration system and open tobooking a contract registration and online registration and filing system, therelationships between the three from three difference and unified way, through thesummary that the author’s point of view, support unity, advantages and adverse effectbrought by the difference between said.Finally shows that the three registration system is unified, consistent in essence.In the last section of this chapter puts forward the construction of advance noticeregistration system, which accords with the situation of China and puts forwardSuggestions for the integration of the three registration system, from the threeregistration system positioning, unified registration authority, unified way ofinformation disclosure, and the perspective of implementation of the principle ofadvance notice registration system, hope to make the advance notice registrationsystem and open to booking a contract registration and filing system can more closelywith the online registration and filing system, effective integration, more effective andcomprehensive protection of the rights of the buyer.