Responsibility For Errors In Real Estate Registration In State Compensation

The nature of liability for errors in real estate registration has been controversial since the registration of real estate in China has been the effective element.This article intends to weaken the controversy and examine the private law consequences arising from the act of registration of immovable property under the premise of recognizing the administrative nature of this act,i.e.,to analyze the scope of liability for immovable property registration errors and to explore the possibility of applying the principles of tort liability law to cases of immovable property registration errors.The State Compensation Law of China,with the expression of compensation for"direct losses",has blocked the path of the parties to obtain reasonable compensation through civil law.Therefore,amending the scope of compensation in the State Compensation Law,abandoning the improper expression of "direct loss" and adopting the "principle of total damage compensation" can bridge the difference in compensation results brought about by the nature of the dispute,so that the victims can get sufficient relief even if the national compensation procedure is applied.The"total damage principle" is not a limitless compensation,in the determination of the scope of compensation,the same need to follow the "equivalent causation" and "the purpose of the law" to be re-examined.The "purpose of the law" and "equivalent causation" should be reviewed again.However,even if the expression of "direct loss" is abandoned,the State Compensation Law,as a law with both substantive and procedural matters,cannot be simply positioned as public law or private law,and the loopholes in its application still need to be filled by civil law principles.Based on the current situation of the application of China’s state compensation law in the future,it is reasonable to apply the provisions of civil tort liability by analogy to the scope of compensation in cases of real estate registration errors.In the absence of a comprehensive revision of the legislation of the State Compensation Law,there is room for the application of the principle of tort liability to the issue of wrongful registration of real estate.In terms of the constituent elements,the wrongful registration of real estate may meet the "three-tier structure" of the tort liability law.In addition,the legal relationship arising from the wrong registration of real estate is not purely administrative,so that the registration authority to bear the corresponding tort liability does not prevent the administrative responsibility to pursue.In addition,the purpose of liability for real estate registration errors is to compensate the parties for damages and to serve as a warning to registrars in the future,which fits perfectly with the two functions of tort liability.Finally,the basis of claims for the application of tort liability can be found in our civil legal norms.