Research On The Effectiveness Of The Registration Notice

The notice registration system is a legislative achievement based on the development of China's economy and the emergence of a new type of commodity trading model,which is used by Chinese scholars to learn from and study the theories and concepts of law abroad.The notice registration system originated in Prussia and was first recorded in the Prussian Law of the century and formally established in Germany.The pre-notice registration system has been recognized by many civil law countries and has been inherited and developed by the countries of the Continental law system,and the registration system has matured and developed in this process.The uniqueness of the notice registration system of real estate manifests that it will not immediately have the effect of the loss and alteration of the real right,and the right of claim in the future can be realized smoothly,and both the creditor's rights and the real right are dual attribute.Notice of the introduction of the registration system was first used in the field of commercial housing pre-sale,its aim is to avoid "one room two sell".Until the "People's Republic of China Property Law"(hereinafter referred to as "Property Law")promulgated by the 2007 year,the notice registration system was formally implemented in China and played an important role in standardizing real estate transactions.However,it is undeniable that the vigorous development of the social economy will continue to produce new types of transactions,the notice registration system should be constantly enriched and updated to adapt to the rapid growth of society and meet people's need for transaction security.2015 Year 3 month 1 Day "temporary Registration of immovable property" and " 2016 year 1 month 1 Day" Real Estate Registration Provisional regulations in the implementation of the rules of a single chapter on the notice of the registration system made a detailed description,and the 2016 year 3 months of the application of the Supreme People's Court on the applicable < PRC Property law > The interpretation of several issues(i)(hereinafter referred to as "the judicial interpretation of property law")also makes necessary additions and explanations to the registration system of real estate notice in the property law.The above legislative achievements reflect the Chinese scholars ' continuous learning to learn from the foreign legislative achievements of the action and innovative spirit.Having strong and perfect legal effect is the prerequisite for the legal system to play its role,and the same effect is the core of the real estate notice registration system.Through the investigation of the legislation and judicial practice of the countries and regions outside the country,we can see that in the countries and regions with perfect legislation,such as Germany,Japan and Taiwan,the system is endowed with the effect of bankruptcy protection,power preservation and security.This paper simply introduces the basic situation of the notice registration,this paper expounds the origin,concept and unique attribute of the real estate Notice registration system,introduces its effectiveness for the latter part,and further analyzes and probes into the effectiveness of the system,and combines the legislation of the major foreign countries and regions of continental law system.The main viewpoints of the judicial practice and the theory Research circle,detailed analysis and introduction four kinds of main effect of the real estate notice registration system and its legislative manifestation in each country,excavate the advantage which has the reference and the reference significance to our country.Secondly,it makes a reflection on the stipulation of the notice registration in our legal system,and summarizes and analyzes its system design and defects.Finally,we will discuss and analyze the modification and improvement of the system in our country through the experience of legislation and judicial practice.