On The System Of Real Estate Registration Information Disclosure

The real estate registration system since the beginning of the implementation of the tax bearing credentials,market supervision,ownership certificates,property publication and other functions,not based on the dynamic registration information also have rich content.However,the existing research from the perspective of public property,in order to maintain the market transaction security as a starting point,to increase the public real estate registration information need efforts from different levels of discourse,but ignore the real estate registration information as a personal information and deserve the necessary protection.For a long time,China’s implementation of the "real estate","separate management of the real estate management mode,many administrative departments respectively in their respective legislation,establish a set of real estate registration information disclosure system,numerous and jumbled,lack of unity;and is committed to the integration of real estate registration system of the" property law "and the" Provisional Regulations on real estate registration "for how to carry out the real estate registration information disclosure work,but did not elaborate on the main body to define the scope of unknown;academic circles for the three kinds of real estate registration information disclosure system of legislative discussion mode in international has not formed a consensus.These factors are not conducive to the establishment of real estate registration information disclosure system.This article from the interpretation of nature of real estate registration information,according to the basic theory of government information disclosure,combined with the need to protect the security of personal information,defines the application scope of real estate registration is not reasonable subject information disclosure and inquiry authority,proposed the establishment of suitable conditions of our country’s real estate registration information disclosure system.This paper is divided into five parts:The first part is the analysis of the real estate registration information disclosure system.This part reviews the evolution of the real estate registration system and the legislative process of the real estate registration information disclosure system.Then the nature of real estate registration information analysis,pointed out that the real estate registration belongs to administrative behavior,real estate registration information belongs to the category of government information,so the real estate registration information in accordance with "matters according to the provisions of regulations on open government information" which should be disclosed,and the real estate registration information disclosure of positive significance elaborate.The second part elaborates the present situation and the prominent problems of the real estate registration information disclosure system in our country.This part of our country about the real estate registration information disclosure system and the legislative status of academic dispute were analyzed,pointed out that the system of our country for the existence of separate legislation,repeated legislation,as well as related concepts not clear.On the international real estate registration information disclosure of the three different models,scholars in China for these three models have their own views,endless debate.These problems are not conducive to the construction of a unified real estate registration information disclosure system.The third part analyzes the theoretical basis of the real estate registration information disclosure system.The part of the government information disclosure theory as the starting point,the government pointed out that civil public information right from the right to know,and to analyze the nature of knowing right and the object range,with the exception of the government information disclosure,the delineation of the scope of the exercise of the right to know of the citizen.Then combined with the scope of the exercise of the right to know of the citizen rights to apply for public real estate registration information of the subject scope,pointed out that the real estate registration information is not the subject of any personal information,ad hoc query can be,only the right people,interested parties enjoy the query of real estate registration information rights,our country should continue uphold the legislation to limit the public.The fourth part puts forward the suggestion of perfecting the system of real estate registration information disclosure.In practice,the registration of real estate registration information is more difficult,the interests of the main body of information are also lack of appropriate protection.To improve China’s real estate registration information disclosure system needs the integration of China’s current chaotic mode of legislation,the establishment of real estate registration information disclosure system unified;clarify the range of stakeholders,the scope of the subject clearly has the right of access to information and access to information;the establishment of real estate registration officer system,not by real estate registration officer responsible for real estate registration information to the public service;supporting mechanism to establish the main interest in the protection of information.