On The Real Estate Registration System In Our Country

Real estate registration refers to the application of the rights, the registration authorities of the State concerning the applicant’s real estate property items recorded in the realty register behavior, its essence is the state power to set and change of property right intervention, related to the application and the exercise of administrative power. But because of the current administrative law scholars and practitioners in the real estate registration of the relevant theoretical research and institutional shortcomings, the real estate registration system of real estate registration properties, procedures, review, registration flaws relief, the registration error compensation and other problems are not problems. Therefore, real estate registration of the theory and practice of research has certain academic value and practical significance. This paper analyzes the comprehensive research to the real estate registration and regulation theory, and discuss the problems and puts forward some improvement suggestions, in order to provide reference for the future construction of a lawful and orderly administrative registration system. This paper mainly launches from the following five parts:The first part is the basic theory of real estate registration system. Firstly, the concept of real estate registration system to be clear, on this basis that the real estate registration should be confirmed an administrative act. Secondly, the real estate registration efficiency to be discussed, namely, the registration of real estate is real right change basis, can weaken the transaction risk and promote the transaction efficiencyThe second part is our country’s real estate registration system’s historical evolution. Divided into three historical stages of the introduction of China’s real estate registration system development process:the first stage is before the founding of new China real estate registration system for the establishment and development of, respectively, discussed the grassroots of property registration system and the new democratic revolution period, the development of the beginning of the Republic of China period. The second stage is before the reform and opening up the real estate registration system, the first is to discuss the real estate registration system since the founding of new Chinese early, then introduces the cultural revolution period of real estate registration system stagnation. The third stage is the development of the real estate registration system after the reform and opening up, the first is that the reform and opening up early administration of real estate registration system in the present is not adaptability, on the basis of pointing out that the current real estate registration system should be market-oriented and the administration of the combination, and taking the market as the center.The third part is Foreign inspection and comparison of real estate registration system, First of all, the civil law of Germany and Japan’s inspection and comparison of real estate registration system, secondly, the civil law of England and the United States’s inspection and comparison of real estate registration system.The fourth part is the current real estate registration system dilemma. Firstly, the registration of real estate management confusion, lack of unified registration agencies, including the legal validity of registration is not clear, obvious differences in the registration process. Secondly, aiming at the problem of small property room was systematically studied, including the existence of problem, contradiction between the housing of small property right attitude and rural small property ownership fuzzy and small property transactions law does not recognize.The fifth part is our country’s real estate registration system. First pointed out that the real estate registration system contains the value, then put forward to regulate real estate registration management path, namely the establishment registration, unified, clear the legal validity of registration of a unified real estate registration of range. Finally, aiming at the problem of small property room, puts forward the solutions.