Query System Of Real Estate Registration Information

2014 "Provisional Regulations on real estate registration," the State Council promulgated (hereinafter referred to as the "Registration Regulation") once again led the community’s concern for China’s real estate registration system.Registration of real property, the main purpose is to maintain the security of transactions, the principles embodied Property Public Credit. The inquiry information is real estate registration services for this purpose. Legislative model for real estate registration information inquiry system, countries according to their actual situation, combined with the value judgment between rank transaction security and personal information security, for which different rules. China’s existing laws and regulations, although much of this has involved, but has long been based on the real estate, "the premises of separation", "department split" management, the majority of the effectiveness level is not high, the various departments provides complex messy style.Even the higher potency of "Property Law", as well as the specific regulations of real estate registration "Registration Ordinance", to check the system requirements also seem simple blurred. The latter, although a breakthrough, with unity, but still provides a simple fatigue, after authorities need the help of matching rules can play a role. Scholars of the main aspects of real estate registration information query, the query of the system design, etc., but most scholars still adhere to the privacy of individual citizens sacrifice in exchange for market transaction security misconception of inquiry procedures, responsibilities and the most realistic Registration Authority officials significance of real estate registration information public inquiries and other issues are rarely mentioned, even for the body to define and query, has not yet formed a unified opinion.These market players in practice to check for information on the registration of the rights of man and the protection of privacy have caused great difficulties, thus affecting the function of the entire real estate registration information inquiry system. Therefore, this paper to build a unified registration system of real estate as the background, according to the actual situation of China’s real estate registration information inquiry, insisted contradiction transaction balance between security and information security of this proposition, on the basis of advanced foreign legislative experience, presented on our real estate registration information query system research.This paper is divided into four parts:The first part is the real estate registration information query system for theoretical analysis. This section is divided into the registration information on the real estate registration result information, original documents and other information, indicating the real estate registration information inquiry system behavior has openness, the main open (limited) and procedural characteristics. Then clear the nature of real estate registration information to government information, but on the real estate registration information query, the real estate registration laws and regulations as a special law "Open Government Information Regulations" shall be prevail. Finally, through the elaboration of the theoretical basis of real estate registration information inquiry system, causing the system value and significance of thinking.The second part is the empirical analysis of real estate registration information inquiry system. Legislation, the main query program query the status quo in this part of the country’s real estate registration information inquiry system and explained, pointing out the three main practical problems of its existence:the provisions of existing laws and regulations relative to the humble; the main provisions of the query is not specific enough about the overall; still lacks an effective unified real estate registration system. Through which scholars insist on full disclosure of information advocates criticized the relative importance of the balance between personal privacy and transaction security both prominent in order to lay the foundation for the Improvement of real estate registration information inquiry system.The third part is to examine and learn from foreign real estate registration information inquiry system. This section describes the main foreign summarized unrestricted, restricted, and the difference between these three modes classification limit legislative inquiry system to balance the security of transactions and registration contradiction rights holders of personal privacy between them as the core of the various modes openness to analyze the pros and cons, which affirmed the value of the difference between classification restricted mode.The model based on the information related to the different degrees of personal privacy, the distinction between categories of real estate registration information to determine the appropriate query subjects and query range.The fourth part is to improve our real estate registration information inquiry system. Laws and regulations to be integrated at all levels, the difference from abroad classified restricted mode, unified real estate registration information provides the results of the registration information is available to any unit or individual queries at the legislative level, and the rights of man, interested parties can check the original certificate information in accordance with law; for National authorities may, in accordance with laws, administrative regulations query, copy and matters relating to the investigation and handling of information on real estate registration. In addition, by introducing a range of interested parties and lawyers define query system, to improve the scope of the inquiry body. Through the establishment of electronic information inquiry and regulation, to check the qualifications of applicants to justify the fees and charges set standards and standards to improve the query process. In view of the current reality, proposed civil real property declaration should make efforts to solve the problem, and with limited private, limiting public "guilt", mandatory registration, four principles of rights and responsibilities to regulate the civil service in leadership positions (official) The public real estate registration information query, in order to deal with privacy and information of public officials and the relationship between family members, clarify corruption and privacy boundaries. Ultimately strive to improve all aspects of the real estate registration information inquiry system.