Research On The System Of Real Estate Registration And Examination In China

With the promulgation and implementation of the Provisional Regulations on the registration of real estate,the detailed rules for the implementation of the Provisional Regulations on the registration of real estate and the civil code,the registration system of real estate has been initially established in China.The core part of the real estate registration system is the real estate registration review system,which plays an important role in maintaining the order and security of real estate transactions.However,in practice,it also gradually exposed the administrative and judicial review standards and legislation are not in line with the law,and the liability of compensation is difficult to identify and so on.Based on the author’s practical experience in real estate registration,this paper studies the practice of real estate registration and the relevant foreign systems,and realizes that the reason why the administrative registration and judicial practice do not conform to the legislation in terms of the examination standards lies in the imperfection of relevant systems and the inability to implement the legislative requirements in practice.In view of this,this paper suggests that relevant supporting systems should be established to gradually implement the substantive examination standards established by legislation.The article is divided into four partsThe first part is an overview of the real estate registration review.First,the concept of real estate registration review is explained.Secondly,the paper expounds the historical evolution of the real estate registration and examination system.Finally,the paper introduces the system framework of real estate registration and examination in China.This part is an important preparation for the future problems and solutions.The second part mainly discusses the status quo of real estate registration review.First,the judicial and administrative standards are not in conformity with the legislation,and the legislation provides for substantive review,but different standards are applied to the registration practice and judicial practice.Secondly,the review procedure is in the form,mainly discussing the lack of knowledge and formalization of registration process of staff of real estate registration institutions.Third,the problems in the relief of registration errors include three aspects: the nature of compensation liability is unclear,the principle of attribution is unknown and the source of compensation funds is unclear.The examination criteria are unclear,the responsibility attribution is difficult to be determined in case of registration errors,and the personnel quality is not high and the responsibilities of the standard are difficult to bear.Without the remedy way,the standards are similar to the virtual ones,There is no way to remedy and can not establish a high-quality registration team.The third part mainly introduces the examination system of the registration authority of real estate outside the territory,which provides a reference for the improvement of the relevant system in China.Although different registration and examination methods are adopted,both the registration entry-effectiveness doctrine of Germany and the registration antagonism of France and Japan have taken relevant measures to ensure the high consistency between registration and real rights.The system of real estate registration examination in Germany,France and Japan has important enlightenment significance to China in ensuring the authenticity of registration.The fourth part is to provide solutions to the problems raised in the second part.In view of the current situation of the real estate registration system in China,the author puts forward two stages of improvement.The first stage is a transitional stage,and puts forward some suggestions for the establishment of reasonable prudential standards,purchase of notarization services and insurance system.The second stage is the substantive review stage,and puts forward the suggestions on establishing the system of Registrar,civil liability and liability without fault,and fundamentally solves the inconsistency between administration,judicature and legislation.