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Research on Examination Patterns of Housing Registration under the Perspective of Reasonable Protection of Private Rights

Author: XuJing
Tutor: DongBiao
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: housing registration the formal pattern of registration the essentialexamination pattern of registration
CLC: D923.2
Type: Master's thesis
Year: 2013
Downloads: 13
Quote: 0
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In our country, the public methods of real estate property rights is registration,and theDoctrine of Effectism is adopted.Therefore, real property registration procedures plays theimportant role of institutional guarantee in the establishment and changes of real estateproperty rights. Housing registration procedure is not exceptional also, it is not only theprecondition of building property right to set up effectively, but also the necessary meansto protect the safety of building property right transaction. Housing registration, generallyin accordance with the application, acceptance, examination and approval and recorded inthe register, certification procedures, and the registration review is one of the core link.Theoretical and practical circles all pay high attention to the registration review, and thefocus of the parties to the dispute is the determination of review way--the essentialexamination pattern or the formal pattern of registration. Although the law of the People’sRepublic of China property law and Measures for Building Registration provided thereview responsibilities of registration authority, there is no clear rules about adopting whatkind of review way, which can be a serious obstacle preventing the housing registrationauthority from abiding by the law, impeding the judicial authorities from reviewing inaccordance with the law.Theoretical study on this question, however, also only is tasted,the problem must be further research.Therefore,on the basis of stating the theoretical basis,explaining the private law concept, investigating the present situation,thinking aboutsystem design and improvement, the author finds out the housing registration examinationway that is suitable for China’s national conditions.First of all, the author through inspecting the legislation of examination way under thedifferent registration system, analyzed the different real right legal system environment inwhich the different patterns of registration were able to develop, revealed the relationshipbetween the choice of review way and institutional environment, thought about how todefine the concept of the essential examination pattern and the formal pattern,which is atheory preparation for the following discussion. Then, based on the reasonable protectionof private rights perspective, through the system itself to explore the true meaning behindthe system design that the establishment of the housing registration review system is aimedat protecting of civil property rights,and the rationality of rights protection determines thechoice of registration examination way and the breadth and depth of the review.Finally, according to this conclusion, and acing to the existing problems in the process oflegislation, law enforcement and judicial practice, taking into account the correctness ofregistration results,the effectiveness of the registration cost,and the characteristics of theregistration type,the author concluded that China’s housing registration review way shouldbe mainly characterized by the formal pattern of registration, yet the essential examinationpattern is relatively unconspicuous. Besides that,the author put forward some feasiblesuggestions for the range of review items and the design of review rules, so as to providereference for the perfection of legislation in the future.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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