중국 부동산등기제도의 현황과 개선방안

중국 부동산등기제도의 현황을 살피고 개선방안을 제시했다.

Real estate occupy an important place in the system of property right. Real estate registration system is the basic systems in the legal system of property law. It’s is the embodiment of the demonstrative principle of real right, which is the core principles in property law. Improving the system of real estate registration is crucial to grantee the safety of commercial activity and promote transaction. So, how to set up the real estate registration system has been a controversy which attracts the academician s attention that in the field of the estate in China.

Since the enactment of the property law in 2007, the real estate registration system in our country has improved greatly compared with the original system, but there are still some defects. In March 1, 2015, the Provisional Regulations on real estate registration was formally implemented, which marked the establishment of a unified real estate registration system in china. Because of historical reasons and actual conditions, the establishment of the system still faces many difficulties.

The establishment of a unified real estate registration system enables the ownership and content of real estate property rights to be accurately recognized, and can effectively protect the legitimate rights and interests of property rights holders, and avoid conflicts of property rights. As a basic system of market economy, the unified registration system of real estate will be the only basis for the actual operation of the registration department. Therefore, in the process of setting up the real estate registration system, we should combine the situation of our country and consider the problems that the registration department may face in the process of actual registration.

This is also the keynote of this article, In this paper, the contents and types of China s real estate registration system are introduced first. Through the analysis of the status quo of real estate registration system as well as the reform and change of the Interim Regulations on real estate registration, the problems of unified real estate registration system have been found out. That is, at the present stage, the disunity of the real estate registration system, the imperfect of Censorship,the dualization of real estate registration system, the imperfect of Compensation system, and the problem of inquiry about real estate registration information.

In view of these problems, the corresponding improvement plan is put forward. Moreover, the establishment of a unified real estate registration system will be the core of all the improvement programmes.