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On the home ownership registration review mode

Author: LongZuo
Tutor: WuPing
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Home ownership Register Examine Public authority Private Rights
CLC: D923.2
Type: Master's thesis
Year: 2009
Downloads: 127
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Abstract


Registration of home ownership is one of the bridges between the public and private law, public law to protect the public interest, the purpose of maintaining social stability, play an important role to improve the credibility of property publication in the private law. \Registration authorities and to adopt a different standard of review which the court in practice, the theoretical circles of this there are a lot of controversy, eventually leading citizens home ownership is difficult to get the public authority to protect the stability of the housing market order and therefore threatened. So based on this micro level, home ownership registration explore the nature of the registration in the administrative law perspective, from the perspective of the public and private law relationship analysis of the registration review of the executive model, not only will make the registration agency a clear mandate, appropriate and moderate The way to ensure the security of home ownership, more deeper level, the theoretical level, the perspective of the registered scope of the retention of the scope of the intervention of the Public Power and Private Rights, \Articles preamble of the first account of the theoretical and practical aspects of writing the purpose and significance, and then define the specific meaning and scope of the study - home ownership registration review mode \The first part is identified on the nature of home ownership registration. Of immediately after the first split, unraveling the way to confirm the nature of home ownership registration: Registration Antagonism mode, home ownership registration are administrative confirmation of the nature of the quasi-administrative behavior; registered elements' mode, home ownership registration is an administrative act The nature of the administrative confirmation. Of housing ownership registration using the registration elements' mode, it is outside the nature of the administrative act administrative confirmation. Relationship between the angle of the second part of the public power and private rights, in-depth analysis of the theoretical requirements of home ownership registration review mode. Through the generation of public power and private rights, the right to Hohfeld's theory, the registration credibility of the destruction of objects \\The third part of the meaning of the examination as to substance and form of review is clear, that the current home ownership registration review mode, defects, including the law is not clear, practitioners, and theoretical circles a lot of controversy, the public authority to private rights adjust the intensity of very weak, and do not conform to the liability of the registration review of the model law. Sum up the reason for the existence of these defects simply because the law is not clear, the legal system is not perfect, and therefore need to construct a complete registration review, to be confirmed by the law, so as to form a legal regime to regulate the registration agency review of behavior. The fourth part of Germany and Beijing home ownership registration mode of the comb. The author analyzes the advantages and disadvantages of registration censorship in Germany, and highlights the Beijing Municipal Construction Committee in home ownership registration review of existing law beneficial \Which theory and system analysis of the construction of our home ownership registration review mode, in order to reference and discard. The fifth part is the focus of this article, the author of the previous text analysis and argument on the basis of the legal system construction of home ownership registration review mode. First, the construction of the considerations of the legal system to be analyzed, such as adjustment of public power for private rights and reservations; compensate for the defects of the credibility of the system; the scope of private rights of autonomy. Secondly, the above various factors, proposed the establishment of a comprehensive review of the model to moderate the substantive examination of the main form of review under the alternative system support supplement, and specific analysis of the initial registration, transfer of registration, change registration shall apply to the review mode, the mode of transfer of registration review, set up to support the formal examination of an alternative system - pre-registration and objection system. Finally, the comprehensive review of model-based, clear registration authorities in the home ownership the initial transfer, change the obligations of the registration process, and thus determine the registration authorities when registration error should bear the responsibility.

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