Research On Legal Liability System Of Real Estate Registration

For a long time, our legal liability system of real estate register has been get littleattention in the field of administrative law, the relevant legal provisions are scatteredmostly in property law or other civil law which, in the field of administrative law, inthe "real estate registration Interim Chief Implementing Regulations,"Previously, onthe liability of real estate registration and administration of a unified legal norms donot be prescribed. In theory, the most discussed is the real estate registration error ofliability issues, but most of these studies are discussed from the perspective of civiland commercial law. Liability of real estate registration, as an important issue in thefield of administrative law, but it has not been like that for attention in the field ofcivil and commercial law, as Chinese scholars describe the liability of the"responsibility of administrative law is the current administrative law study in Chinamore weak link. In the absence of administrative responsibility creation andimplementation of an effective scene, the appearance of prosperity underadministrative law actually some danger lurks collapse. Revising accountabilitymechanisms constraint administrative body and its activities, administrative law andnational the rule of law will eventually become empty promises can not be honored."However, the registration of real estate legal liability system is the weak link in themost critical part of the administrative law and therefore is an important issue.This paper studies from the perspective of administrative law down theregistration of real estate legal liability system, divided into three parts:The first part is an overview of the legal liability of real estate registrationsystem.First, expounded China’s real estate registration liability of the concepts andfeatures. The concept of real estate registration liability regime, in the real estateregistration process, the main law related responsibilities assumed adverse legalconsequences of a series of legal liability system. Main responsibility includes realestate-related registration office and administrative staff and registered real estate administrative counterpart. On the concept of legal liability, scholars have"administrative duties" theory,"Theory of Balance,""controlling" and "On themanagement theory" Four doctrine. Through these four theories are discussed toillustrate the concept of real estate registers legal liability. According to China’s lawon real estate registration liability system of legal norms, including the "landregistration","Property Registration Law,""Provisional Regulations on real estateregistration,""Land Management Law" and "Property Law", summed up the of realestate registration law Characteristics liability regime, there are four main features:First, the main real estate liability of the registered real estate registration office andadministrative staff and registered real estate administrative counterpart. Second, thereason for the registration of real estate legal liability arising main responsibility isillegal. Third, the legal responsibility for the contents of real estate registers has civilliability, liability and criminal liability. Fourth, the real estate liability has a variety offorms of registration responsibilities.Second, the analysis of the nature of the real estate registers legal liability.Registration on liability of real estate there are "civil liability","the State liability","the dual responsibility to say" and "administrative liability of saying" four differenttheories, ideas of this article is,"said the executive legal responsibility" from the legalnorms of liability of real estate registration of legal liability, administrativeregistration act, relief behavior, responsibility and accountability identify behavioraldynamic behavior of the logical structure of a five-part analysis, the registration ofreal estate nature of the administrative liability of legal liability.Third, describes the relationship between the executive of real estate registrationsystem and related legal liability system. That real estate liability of registration withthe State liability, administrative liability and liability for damages relationships.The second part is defective registration of real estate legal liability system.Comprehensive variety of laws and theories, our real estate registration system hassix major drawbacks: First, the nature of the registration of real estate legal liability isnot clear; Second, real estate administrative law Principle of Liability Registration isnot clear; The third is real estate elements of registers legal liability is not clear;Fourth real estate registration law review mode administrative responsibility in the administrative registration authority is not clear; Fifth, real estate administrativeliability of the scope of the registration is not clear; Sixth, the registered real estateadministrative mechanism to spread the risk of legal liability is missing.The third part of the proposal is to improve the of real estate registration systemof legal liability. This paper proposed six recommendations: First, a clear pattern ofreview of real estate registration; Second, the legal responsibility of registration ofimmovable property liability range gets clearly; Third, the legal responsibility ofregistration of immovable property responsibility principle is clear; Fourth, establishreal estate Registration administrative liability of risk diversification mechanism;Fifth, the responsibility of the executive of real estate registration office staff is clear;Sixth, the legal responsibility of registration of real estate in the constituent elementsof liability is clear.