上海市房地產(chǎn)登記制度之變化及其法律評(píng)價(jià).pdf

1、上海交通大學(xué)碩士學(xué)位論文上海市房地產(chǎn)登記制度之變化及其法律評(píng)價(jià)姓名：阮駿麒申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：@指導(dǎo)教師：付榮20100505上海市房地產(chǎn)登記制度之變化及其法律評(píng)價(jià) 第 5 頁(yè) 5ABSTRACT ABSTRACT Real estate registration system is a basic legal system designed to protect the security of real estate trans

2、actions, safeguard the legitimate rights and interests of the property owners, and ensure the orderly, healthy and steady development of property market. By establishing specialized state registration body which will r

3、ecord changes on the property rights, give it publicity, and provide information for the transactions, the system can fulfill its function of maintaining the order of real estate market and safeguarding the legitimate

4、 rights and interests of property owners. Since 1995, Shanghai practice has been a real estate registration system in which property and estate are linked and together governed by district authorities. The registratio

5、n authority and registration process are all unified. Since 2003, the registration network is unified around the city. These series of initiatives contribute to making Shanghai's real estate registration system mor

6、e mature, registration industry more standard, and registration services more advanced. However, nothing is perfect, there is still defects and flaws in current real estate registration system. October 1, 2007, “Real Rig

7、ht Law“, a landmark of Chinese legal history, came into effect. As a basic law governing property confirmation, property usage and property protection, it is an important law governing property relations. It concerns the

8、 nation's basic economic system, and is related to the individual interests of ordinary people. The enactment of “Real Right Law” exert an profound influence on shanghai real estate registration system. First is the

9、difference in the concept of registration, and second is the increased responsibility of registration authorities and related people. While “Real Right Law” has stipulate detailed regulations in the aspect of registratio

10、n, in the aspect of practice, there are still many blank areas in need of further improvement by laws and regulations, for example，there is still no final say whether the supervision by the registration authority is con

11、tent supervision or procedure supervision. This paper starts with the introduction of real estate registration system, deeply analyses the influence of the enactment of “Real Right Law” on the real estate registration

12、system, and finally point out the flaws of the system which need to be dealt with. This paper aims to make contribution to the improvement of the cities’ real estate registration system. Key word: real estate registrati