Research On Legal System Of Compensation Liability For False Registration Of Real Estate Registration Institutions

The determination of legal liability of real estate registration institutions involves the different nature of civil liability,administrative liability and criminal liability,and the problems of discretionary standards and application of law also exist in judicial practice,which urgently need to be included in the governance of the same case and judgment and the legality and fairness of judgment.Starting from the analysis of the concepts of false registration and wrong registration of real estate registration institutions,this paper clarifies and unifies the expression and concept at the beginning,and sorts out and analyzes many theoretical disputes,including the nature of real estate registration acts,the nature of the liability of real estate registration institutions for false registration,the relevant principles of attribution,and the actual situation of such cases in judicial practice,and puts forward targeted suggestions for improvement on the basis of revealing the shortcomings and shortcomings of the system.The article emphasizes further improving the legal system of liability for false registration of real estate registration institutions,protecting the legitimate rights and interests of victims,and avoiding the situation in judicial practice where the responsibility of registration agencies and accepting courts is shirked,resulting in the parties’ damaged rights and interests being difficult to remedy.The article hopes to improve the legal system of false registration liability of real estate registration institutions through legislation,so that they can clarify the legal basis for applicable law in judicial practice,and truly clarify the share and method of liability borne by registration institutions in the judgment results,so that victims’ trust interests in state power organs can be guaranteed,the country’s credibility can be maintained,and the understanding and application of Article 222 of the Property Rights Series of the Civil Code as described in "promoting legislative perfection through trial practice" can be truly implemented,so that there are laws to follow and laws that must be followed.Moreover,this paper mainly focuses on the dilemma of the liability for false registration of real estate registration institutions in reality,and analyzes relevant cases in judicial practice by summarizing and discussing the legal nature,nature of liability and application of the principle of attribution of false registration by real estate registration institutions,and analyzes relevant cases in judicial practice,and finds that the current legal system of false registration liability of real estate registration institutions in China has the following problems: First,the legal nature of the liability for false registration of real estate registration institutions is not clear.The main manifestations are that state compensation and civil compensation go hand in hand,there are no conflict resolution rules,there are legislative gaps in the application of civil liability,and the provisions on employers’ tort liability and false registration of damage liability are not clear,and there are difficulties in application.Second,the current principle of attribution is vague and contradictory in the legal provisions;Third,the legal provisions on joint tort liability are vague;Fourth,the legal provisions on mixed tort liability are vague.Based on the case analysis of current judicial practice,the article proposes four improvement measures: first,it is clarified that the liability for false registration of real estate registration institutions is civil liability;Second,it is clarified that the principle of attribution of liability for false registration by real estate registration institutions is the principle of presumption of fault;The third is to clarify the nature of joint tort liability and the method of joint and several liability;The fourth is to clarify the method of compensation for mixed tort liability.Therefore,any system requires disciplinary provisions,and real estate registration systems should not be an exception.Only when the rules are in place and the punishment responsibility is appropriate,can the registration agency fulfill its duties in the future real estate registration matters and give full play to the role of the credibility of the state organs.As an organ of state power,the registration and publicity acts made by the registration institution have legal effect,which is sufficient to enable the parties to generate trust interests in the transaction process,and its credibility is precisely based on the determination of the registration institution to dare to bear the liability for false registration,and the determination of the registration institution to bear the liability for false registration according to law is also the cornerstone and guarantee for honest and fair transactions between civil and commercial entities.