What are the characteristics of China s real estate registration system? As well as common questions

The characteristics and common problems of China's real estate registration system are as follows:

1. The registration of real estate ownership shall be registered separately by different registration authorities; The house and the occupied land use right are inseparable, but because China's real estate matters are managed by the housing and land sub-department, the registration of real estate ownership is generally carried out by the land use right and the house ownership registration in the land management authority and the real estate management authority respectively.

2. The registration of real estate ownership is the dynamic registration of real estate rights; The acquisition, alteration and loss of real estate rights by the parties must be registered in accordance with the law, and without registration, they will not have legal effect and cannot be used against a third party. The registration of real estate ownership not only registers the static rights of the real estate, but also registers the dynamic process of the rights, so that the third party can infer the status of the real estate rights based on the registration situation.

3. The registration of real estate ownership is credible; The real estate rights registered in accordance with the law are protected by the laws of the state, and the ownership certificate is the only legal certificate for the right holder to have the real estate rights in accordance with the law. Once a real estate right is registered in the register by the registration authority, it has absolute legal effect against bona fide third parties.

1) Collective land ownership;

2) Ownership of buildings and structures such as houses;

3) Ownership of forests and trees;

4) The right to contract and manage cultivated land, forest land, grassland, and other land;

5) the right to use construction land;

6) the right to use the homestead;

7) the right to use maritime space;

viii) easements;

9) Mortgage;

10) Other immovable property rights that need to be registered by law.

Article 8 Immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code.

The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.

The immovable property register shall record the following matters:

1) The location, boundary, spatial boundaries, area, use and other natural conditions of the immovable property;

3) Matters involving restrictions or reminders of immovable property rights;

4) Other related matters.

1.An Analysis of the Deficiencies of China's Real Estate Registration System.

From the perspective of the establishment and development of China's real estate registration system, there are many shortcomings in China's registration system, which are mainly manifested in the following aspects.

1) Failure to form a unified real estate registration management system.

2) The legal effect of immovable property registration is not clear.

3) The types of immovable property registration are not perfect.

4) The liability compensation system of the registration authority is inadequate.

1) Registration is not subject to a blanket coercion. (2) Substantive examination is adopted for registration. (3) The registration is credible. (4) Delivery of certificate of entitlement. (5) Registration of encumbrances on the land. (6) Set up compensation**.

1) Registration is not subject to a blanket coercion. (2) Substantive examination is adopted for registration. (3) The registration is credible. (4) Delivery of certificate of entitlement. (5) Registration of encumbrances on the land. (6) Set up compensation**.

ou……Big brother, it was a TV series I watched when I was very young, and it was really good. But I forgot about your question

Answers]: a, d, e

The main features of the registration system of immovable property rights are: substantive examination of the application of Dengwang Cancellation of Tongxing, and the status quo of registered rights; The registration has credibility, that is, the matters contained in the register can be used against bona fide third parties and have absolute legal effect.

There is a certificate for the registration of immovable property in our country. The applicant submits the application materials to the real estate registration department where the immovable property is located, applies for the title investigation, and the local real estate registration agency accepts the application, and after the preliminary examination, it is submitted to the municipal real estate registration center for review, and the municipal real estate registration center approves and records the registration items in the registration book to obtain the real estate ownership certificate.

[Legal basis].Article 15 of the Interim Regulations on the Registration of Immovable Property.

The parties or their persons shall apply for registration of immovable property at the office of the immovable property registration authority. The applicant may withdraw the application for registration before the immovable property registration authority records the application for registration in the immovable property register.

Article 20. The immovable property registration authority shall complete the immovable property registration formalities within 30 working days from the date of accepting the application for registration, except as otherwise provided by law.

Immovable property registration refers to the fact that upon the application of the right holder or interested party, the relevant immovable property rights and their changes are recorded in the immovable property register by the state full-time department.

1. The deed registration system refers to the change of real estate rights, which takes effect upon the conclusion of the contract by the parties, but cannot be used against a third party without registration.

2. The rights registration system, also known as substantive-based registration, refers to the legislative system in which the establishment, transfer, alteration and repeal of immovable property rights in accordance with legal acts shall not take effect without registration.

3. The Torrens registration system, also known as the registration of the doctrine of delivery of rights, refers to the registration system in which the certificate of rights issued by the registration authority is used to confirm the property rights after substantive examination to facilitate the transfer of real estate rights.

Compared with the above three registration systems, the contract registration system and the rights registration system (i.e., the adversarial doctrine and the requirement doctrine) have completely different characteristics, so they are the two most representative registration systems. The main characteristics of the Torrens registration system and the rights registration system are the same, that is, registration is a requirement for validity, registration adopts the principle of substantive examination, registration has credibility, registration adopts the principle of codification of things, and the static state of the land is registered. The difference is that the Torrens registration system adopts an arbitrary registration system, the delivery of title deeds, the setting of indemnities, etc.

Based on the above analysis, it can be seen that the current real estate registration system in China is neither a contract registration system, nor a rights registration system or a Torrens registration system, but a registration system between the rights registration system and the Torrens registration system. This is mainly manifested in the registration as an effective condition for the change of ownership of immovable property, the adoption of the principle of substantive examination, compulsory registration, and the implementation of registration and issuance of certificates.

Article 1 These Regulations are formulated in accordance with the Property Law of the People's Republic of China and other laws in order to integrate the duties of real estate registration, standardize registration behavior, facilitate the public's application for registration, and protect the legitimate rights and interests of rights holders.

Immovable property registration is a real right system established by the Property Law of the People's Republic of China, which refers to the fact that upon the application of the right holder or interested party, the relevant real estate rights and their changes are recorded in the real estate register by the full-time state department. [1]

As a means of publicity of real rights, immovable property registration is essentially a factual act that produces judicial effects, rather than an administrative act of the registration authority.

1. Find out the vacancy rate, 2. You can check the private property of **, 3. Prepare for the collection of real estate tax.

Answer]: a, b, c, d, e

The scope of the real estate registration is as follows: Land, including cultivated land, forest land, grassland, wasteland, waters, tidal flats, construction land, homesteads, uninhabited islands, and land formed by natural siltation, artificial reclamation, and lake reclamation. Buildings and structures that are fixed on the surface, above ground or underground, and specific spaces where potatoes seem.

Buildings and structures in the sea area and at sea. Forests and woods. Mineral resources, water resources.

Other immovable property that may be registered as provided for by laws and administrative regulations.