| There is a great overlap between online sign and notice registration in the system design.First,both of them have the function of preventing the sale of one house and two houses.Online sign stipulates that online sign can not be handled again after handling online sign for the same house,which makes the online sign achieve the effect of hindering the sale of one house and two houses in practice.The reason for the establishment of notice registration is to prevent the sale of one house and two houses.Secondly,both of them have the function of publicity and public trust.The online sign has the function of publicity.After handling the online sign,the housing information will be recorded in the online sign system and published in the property list.Unless both parties apply for cancellation,the housing information will not disappear.The online sign has the support of the state public power.Based on the public’s trust in the public power,the public trust of the online sign becomes its natural self-contained The main feature of notice registration is the effect of property publicity.In theory,the function of online sign and notice registration coincide,so the design of this kind of roof truss will inevitably have problems.First,the parallel development of the two in practice falls into the awkward situation of the inconsistency between the legal rank and the implementation effect.In theory,notice registration has the legal basis and the effect of property rights,which should play a significant role,only the regulations,notices and other provisions and does not have the effect of property rights Because of the support of the state power and its own convenient and efficient advantages,the online sign system is widely used.Because of the cumbersome procedures and the impact of online sign on it,the online sign system is in a position of survival.Secondly,because the online signature has the effect of real right,it can’t fight against the third party.In practice,the buyer often chooses to go through the online signature and then go through the notice registration in order to better protect their rights.The same information has to go through two reviews,which not only wastes administrative resources but also increases the burden on the masses.In addition,many people are not familiar with the notice registration in practice Will lose the opportunity to defend their rights.It can be seen that the conflict between online sign and notice registration is caused by the coincidence of functions but the division of departments.Therefore,in the face of the upsurge of online sign,the Japanese style of notice registration is gradually declining.How to go in the future for notice registration and online sign is an urgent problem for us to solve.In order to solve the problem,this paper proposes to integrate the notice registration and online sign.First,the two systems have a great overlap and little difference,so the notice registration and online sign integration is feasible.Secondly,the Internet style and high efficiency and convenience of online sign conform to the development of the times.The real right effect of notice registration is the real need to protect the buyer’s rights.Combining the advantages of the two is the need of the development of the times and the way to solve the burden of the masses.Therefore,the real right value of notice registration should be grafted at the same time of integrating the management function of online sign.Second,although notice registration can prevent the seller from selling one house and two houses by restricting the seller’s punishment behavior,not only the buyer and the seller,but also the intermediary agency.In order to prevent the intermediary agency from violating the law and damaging the buyer’s rights and interests,online sign can restrict the illegal operation of the intermediary agency through the intermediary online sign,so notice registration and online sign Signing integration can guarantee the buyer’s rights from beginning to end.After putting forward the suggestion of integrating advance notice registration into online sign,we need to realize that the long history of advance notice registration is bound to have its unique system value,that is,advance notice registration can give the obligee the real right effect of claims,while online sign is being sought after,we also need to realize that the place where online sign is missing is that there is no real right effect,and online sign contract can not fight against the third party,for example,it can’t Anti court enforcement,it can be seen that its preventive function is not as strong as notice registration.Therefore,we should give the effect of online sign notice registration.One is that the online signature is controversial because it has no legal basis,so we should first improve its legal status and consolidate its legal status;the other is that we should integrate the real right effect of notice registration into the online signature to give the online signature the effect against the third party,and put forward that from the perspective of judicial interpretation,the obligee can rely on the online signature contract to fight against the legal possessor and the non online signature contractor;the third is that we should integrate the online signature into the online signature Signature is linked with transfer registration.The basis of transfer registration is to handle the online signature,which can avoid the transfer of the house that has already handled the online signature to a third person.Fourthly,update the management measures of online signature intermediary,cancel or restrict the authority of online signature of illegal intermediary institutions.This paper attempts to clarify the history,nature and legal value of the two,analyze their overlapping functions in the problem of "one house,two sales",focus on the relationship and separation of the two,summarize the problems in practice and give corresponding system suggestions.This paper is divided into four parts.The first part is the research on the source and flow of advance notice registration system and online sign system.From the perspective of standardizing the history of real estate transactions,it analyzes the management function of advance sale contract registration,the prevention function of advance notice registration system,and the integration of the two functions of online sign system.The whole process is the source and flow process.Advance notice registration is the registration of advance sale contract The online sign is a new system formed by the development of advance notice registration.The second part is to analyze the practical problems existing in the separation of online sign and notice registration.It is clear that the functions of online sign and notice registration coincide on the issue of "one house,two sales",but what the functions overlap brings to the public is the procedural burden,what brings to the government is the waste of administrative resources,what brings to the system itself is the conflict between the two.It is concluded that the cross relationship and conflict between online sign and notice registration are Problems that need to be solved urgently.The third part analyzes the necessity of the integration of online sign and notice registration. |
