On The Compensation Of Real Estate Registration Error Infringement

Our real estate registration is used to register the entry into force doctrine,which gives credibility to register.So when registration errors,and bona fide third parties because of the trust register and pay the corresponding price when the interests of true rights holders should be how to remedy this problem is unavoidable in the real estate registration system.With the "Provisional Regulations on real estate registration",the official implementation of unified registration of real estate problems have been resolved,but the "Property Law" registration error of liability is not clear,but the problem remains unresolved."Property Law" Article 21,paragraph 2: due to registration errors,harm to others,the registration authority shall be liable for compensation.After registration agency compensation,it may cause the registration to the wrong person recovery.In the article,based on the provisions of the tort liability of real estate registration error compensation.But in the end a civil liability for compensation or is administrative compensation but did not elaborate,review the case study model pre-registration form or review the substantive examination and no specific provisions.And the whole "Property Law" responsibility principle for the registration error infringement,risk diversification system,registration personnel access and other related content or no provisions or provisions are too vague.Lack of legislation on the theory and practice also caused a series of disputes.In addition to the introduction and conclusion,this paper is divided into three chapters on real estate registration error tort compensation system was discussed,summary reads as follows:The first chapter,real estate registration error tort liability overview.This chapter first basic concepts and theories of controversial real estate registration were introduced and discussed,the real estate registration behavior both public and private property,but our current objectives and management of real estate registration system,the registration of real estate should be defined as administrative acts.Secondly,the chapter on misconceptions and real estate registration forms for the presentation,and summed up China’s current law the registration of three errors Remedies.The second chapter of real estate registration error compensation system defects.This chapter presents the four issues on real estate registration legislation tort compensation system errors that exist,namely: the nature of liability is not clear,pre-registration review system is imperfect,the lack of appropriate registration authority liability risk dispersion system,the lack of registration prevention system errors.The third chapter,Perfection of real estate registration error tort compensation system.This chapter Chapter II issue-based,for the problems in the legislation,combined with the advanced experience of foreign legislation gives recommendations expressed herein.The author believes that the nature of real estate registration shall be administrative acts,which is jointly determined by the legislation and practice,but it should be out of the act of registration determines the nature of the inertia of thinking wrong registration liability nature.In the case of real estate registration error liabilitybelongs to the field of public and private law intersect,even if the act of registration is an administrative behavior,but the registration authority to assume liability for registration error should be defined as private law liability.On this basis,we propose the registration agency shall adopt substantive examination principle to review the registration application,supplemented by a notary before registration review the system.Should be clearly attributable to the principle of liability without fault,in order to maintain the credibility of the registration,and to establish a compensation fund and the corresponding insurance to registration authorities bear the risk of liability and the loss of the victim.Finally,it should establish a register of occupational access system,improve the quality of staff registration,thus preventing risks registration errors.