Study On The Legal Remedy Of Building Registration Errors

Real estate including land and houses, forest, tress and other fixed on the ground."Property law" article9:"the establishment, modification, transfer and elimination of propertyrights of real estate, the registration according to law and force, have not been registered, don’tact, except as otherwise provided by law. In accordance with the law shall be owned by thestate’s natural resources, the ownership can’t register." Building is related to civic life, and themost important real estate. Regulating the behavior of building registration, to maintainbuilding transaction security and order in the real estate market transaction protect theadministrative relative person legitimate rights and interests plays an important role. Butbecause rational finiteness, dominated by building registration agency workers buildingregistration errors inevitably and because of the real estate market price is high, the value isbig, if registration errors may cause great damage to the relative person rights and interests.Therefore, theoretically discusses the connotation of building registration error behavior, toprovide building registration errors remedy channel has very important practical significance.This article except introduction and conclusion, the full text is divided into four parts:The first part is the basic theory of legal remedy for building registration errors. Startingfrom the building registration errors behavior nature, defining the connotation of buildingregistration error behavior, mainly using the theory of legal remedy, clarify the main types oflegal remedy for building registration errors, including the administrative remedy and judicialremedy.The second part is the overseas legislation of legal remedy for building registrationerrors evaluation. By looking at Germany, Switzerland, Japan and our country Taiwan areabuilding registration errors administrative and judicial remedy legislation content, analyze itsrationality, to perfect legal remedy provided building registration of experience can be usedfor reference.The third part is our country legal remedy present situation and problems of buildingregistration errors. Through analysis our country building registration errors applicable lawremedy legislation and reality, draw legal remedy in the building registration errors in Chinathe main problems existing in the legislation and practice, including the dissidenceregistration and correction of the registration legislative provisions is not scientific, thejudicial remedy and compensation mechanism is not perfect; In the practice of the other partyignore administrative remedy, went all the way to choose the judicial remedy, increased thecost, the judicial remedy there are administrative and civil conflict.The fourth part is the improvement of building registration errors of legal remedies.Suggested our country building registration errors legal remedy on the basis of the principleof "end administrative remedies", will be taken as prior procedures of judicial remedy, administrative remedies outstanding professional administrative remedy, and low cost, makethe building registration errors when entering the judicial remedy applicable administrativeincidental civil lawsuit pattern, and to establish a national burden to building registrationagency workers compensation mechanism for the combination of professional liabilityinsurance, to ensure that the administrative relative person rights and interests for remedy.