The Study On The Real Estate Registration Error Compensation System

China "Property Law" established the real right registration system, which makes the real right registration system plays an important role in determining the ownership of immovable property rights and maintaining the security of immovable property transaction. However,"Property Law" does not define how to identify and deal with the damage to holder’s legitimate interest caused by error occurred during the registration of real right. It is difficult for the real right holder to protect their rights and justice department to cope with such disputes because of the divergences between practitioners and academia, so the research of real estate registration error compensation system has important institutional and practical significance.In this paper, except the introduction and conclusion, is divided into three chapters:The first chapter mainly clarifies the connotation and types of real estate registration errors and its liability for damage. With composite properties, real estate registration behavior is a kind of special administrative acts which contributes to private law effect."Registration error" provided by China’s Property Law should have a compromised explanation, that is to say, it should include any registration error caused by mistakes, omissions or a flawed registration reason. Registration error can be divided into the error from agency’s own factors and the error leaded by both the agency and the applicant factors. We can draw that the compensation should be state compensation from the analysis of our country’s theory, legislation and judicial practice. According to the type of the registration error, institutions assume liability to pay compensation alone or in combination with the applicant’s joint for compensation.The second chapter describes the cognizance of the responsibility to the real estate registration error compensation. In our country, real estate registration error compensation should adopt the principle of fault liability. For the special joint tort, it applies for join and several liabilities. For the mixed tort, it applies for the responsibility according to the different civil and administrative nature. While, the registration organ should not undertake any responsibilities for the registration error caused by outside factors.The third chapter on the guarantee mechanism of the responsibility to the real estate registration error compensation. First, registration organs have the right of recourse against the gross negligence staff and the malicious applicants. Second, through the extraction of part of the registration fee, enquiry fee, state funding, recovered income, and obtain the punishments for malicious applicant compensation fund. Third, the establishment of registration agency liability the insurance and personal career insurance can also contribute to a perfect registration system of liability the insurance.The innovation of the paper lies in that the analysis of registration error caused by the registration organ mixed with the applicant infringement responsibility. That is to say it should adopt different nature according to the fault’ degree of the registration agency and the applicant who shall bear the civil liability to undertake the compensation and accept the state compensation responsibility respectively. And the registration agency due to enjoy the public power to assume more responsibility. During the process of exercising recourse against the power, the registration organ usually get back the unjust enrichment from the third person who enjoyed the unjust enrichment to reduce the difficulty of recovery and balance the interests among the registration agency, the mistake maker and the third unjust enrichment enjoyer. The insignificance of the paper is not involved some related issues with regards to the Real Estate Registration Error damages. Such as the review mode and reparation of the Registration agency and The Judicial relief program of the registration error compensation system. And these problems need further researching and developing.