중국부동산등기제도의 법적 고찰

Abstract

China has long been implemented multiple management and hierarchical registration in real estate system, the purpose of registration have stuck at administrative management ignoring guarantee of property rights transaction and significance of market economy for the real estate registration. The implementation of law Interim Regulation on Real Estate Registration indicates that China's real estate unified registration has took an important step forward. The core value of real estate unified registration in China is to protect rights, make things convenient for the people and reduce costs. Establishing common real estate unified registration system is not only inevitable requirements of promoting the government institutional reform and functional change, improving socialist market economic system, and establishing the modern market system; but also the basis of implementation of Improve the system of natural resources asset management which was put forward on the Third Plenary Session of 18. It shows important strategic significance to protect holders’ legal rights of real estates, ensure the safety of real estate market transaction, improve the efficiency of government system, particularly to further improve a modern property right system, which characterized by clear ownership, specific power and responsibility, strict protection, free transferring. Establishment and implementation of real estate unified registration system is a long-term and arduous task to China’s government. Although the real estate unified registration system based on the The Interim Regulations on Real Estate Registration has been undergoing initial formation, many problems are still existed, registration agencies, public query and error registration, etc. These problems prevent the effective operation of the real estate unified registration system in practice. Based on the theory of China's real estate unified registration system, this paper analyzes the Interim Regulations on Real Estate Registration, combining China’s national reality. In accordance with this research, with the purpose of providing the reference to improve China’s real estate unified registration system, the author makes suggestions for the improving the legal system, merging the registration institution, registration checking system, and error registration compensation system, etc.