Study On The Judicial Judgment Of Damage Compensation For The Error Of Real Estate Registration

The real estate registration system is a key link in determining real rights.With the continuous increase in the number of real estate transactions in recent years,legal disputes caused by registration errors have occurred from time to time.The problem of how to determine the damages caused by registration errors has become more prominent.China’s "Property Law" and "Interim Regulations on Registration of Real Estate" establish the basic structural framework of the compensation system for real estate registration errors and damages,but there are many rules in principle.In addition,they are intertwined with other legal issues in practice.There is no consensus on the nature,the division of liability and the scope of compensation,which causes confusion in practice.Based on the authoritativeness and finality of judicial decisions,this paper intends to use statistical analysis of judicial decisions to look forward to the general rule of compensation for damages caused by improper registration of real estate.By entering "real Estate Registration","Registration Error",and "Damage Compensation" on the referee website,a total of 807 relevant cases were searched.After multiple rounds of screening,189 valid cases were finally determined.Through the analysis of 189 cases,it is found that in the judicial practice in China,the handling of cases of compensation for damages caused by improper registration of real estate has the following characteristics: First,most courts consider that the registration of registration agencies is a specific administrative act,and the damage caused by its illegal acts is within the scope of state compensation.Secondly,the principle of imputation is premised on the illegal acts of state organs and their staff.Finally,compensation is based on liability and the scope of compensation is limited to direct losses.From the perspective of right relief,using state compensation as compensation for improper damages in real estate registration cannot realize the parties’ right relief.It should return to the perspective of civil infringement,treat the nature of damages for registration errors as civil liability,and resolve disputes through corresponding litigation procedures.In the examination mode,formal examination should be used as the criterion for judging whether the registration institution is performing its duties.Adopt the principle of fault,and further clarify that it should bear additional liability for compensation according to the degree of its own fault.The scope of compensation should be in the same vein as the nature of civil compensation,and indirect losses should be included in the scope of compensation based on its fillability.