不动产登记机关的责任研究
发布时间：2019-03-06 11:13
【摘要】：我国著名的法学家梁慧星教授指出:“在我国社会主义国家不管物权法最终进行何种的改善与改革,倘若没有一个真正规范的不动产登记制度对其进行约束或者限制,那么最终都将导致物权法向一个不好的方向发展,不可能顺利健康的发展下去。物权法所规定的一切措施和方针也就不可能得到最终的行使与运用。”1相比较世界其他很多国家来说,虽然我国的物权法的建设也比较早,但是当前我国关于不动产登记的相关法律规定仍然有很多不恰当、不合适的地方。这些都需要我们在今后的工作中予以改正与改善。在我国的《物权法》真正的颁布与行使前,我国不动产的相关登记制度并不是由民法规定的,也不是由其他法律规定的,而恰恰是由行政法的相关法律进行的规定。《物权法》第21条针对我国不动产登记机关的相关责任问题也只是做了一些笼统性的的规定,并没有更加深入的进行说明,这对于当事人的民事救济都是十分不利的。本文不仅从多方面参考了其他国家的有关不动产登记的相关规定与理论研究,而且还结合了我国当前不动产登记机关的基本情况,明确了不动产登记机关责任的实现路径与实现方法。本文除了引言与结论之外共分为三章:第一章是本文的一个重要的基础与前提,第一章首先通过一个案例引出了本篇文章所要讲述的主要内容。然后通过对不动产登记机关与登记责任的现状的描述开启了本文的分析。笔者通过翻阅资料仔细分析了目前我国不动产登记机关的赔偿责任的现状以及目前所面临急需解决的问题。随后笔者从正反两个方面率先明确了不动产登记机关的责任性质,列举了当前有关不动产登记机关责任性质的几个重要的观点,并且还分析了我国当前不动产登记机关存在的现状以及所包含的缺陷。第二章主要是对不动产登记机关民事责任的认定的阐述。首先联系了当前的实际情况,分析了当前相关不动产登记机关的民事行为;其次分析了不动产登记机关的相关民事责任的责任后果与因果关系,最后主要分析了对不动产登记机关的民事责任的主、客观要件进行分析。第三章是对如何分担与更好地实现救济进行分析。尽而针对当前存在的一些主要问题提出相关的建设性意见,还提出了一些本人自己的观点与看法。
[Abstract]:Professor Liang Huixing, a famous jurist in our country, pointed out: "in the socialist countries of our country, regardless of the final improvement and reform of the property law, if there is no real normative registration system for real estate to restrict or restrict it, Then eventually will lead to a bad property law development, it is impossible to develop smoothly and healthily. All the measures and policies stipulated by the property law cannot be finally exercised and applied. "1 compared with many other countries in the world, although the construction of the property law in our country is also relatively early, However, there are still a lot of inappropriate and inappropriate laws and regulations on real estate registration in our country. All these need to be corrected and improved in our future work. Before the real right law of our country was promulgated and exercised, the relevant registration system of real estate in our country was not regulated by civil law or by other laws. However, it is precisely the provisions of the relevant laws of the administrative law. Article 21 of the property Law only makes some general provisions on the related liability of the real estate registration authorities in our country, and does not explain in-depth the question of the responsibilities of the real estate registration authorities in our country. This is very disadvantageous to the civil remedies of the parties concerned. This paper not only refers to the relevant regulations and theoretical research on real estate registration in other countries from many aspects, but also combines the basic situation of the current real estate registration authority in China. The realization path and the realization method of the responsibility of the real estate registration authority are made clear. In addition to the introduction and conclusion, this paper is divided into three chapters: the first chapter is an important foundation and premise of this paper, the first chapter leads to the main content of this article through a case. Then through the description of the real estate registration authority and the status quo of the registration responsibility, this paper starts the analysis. The author carefully analyzes the present situation of the liability of the real estate registration authorities in our country and the problems which are urgently needed to be solved at present through reading the materials. Then the author takes the lead in clarifying the nature of the responsibility of the real estate registration authority from both positive and negative aspects, and enumerates several important points of view on the liability nature of the real estate registration authority at present. At the same time, it also analyzes the present situation and the defects of the real estate registration authority in our country. The second chapter is mainly on the identification of civil liability of real estate registration authorities. Firstly, according to the current actual situation, the civil behavior of the relevant real estate registration authority is analyzed. Secondly, it analyzes the liability consequence and causation relation of the civil liability of the real estate registration authority. Finally, it mainly analyzes the main and objective elements of the civil liability of the real estate registration authority. The third chapter is the analysis of how to share and better realize relief. In this paper, some constructive suggestions are put forward, and some of my own views and opinions are also put forward.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.2
本文编号：2435478
[Abstract]:Professor Liang Huixing, a famous jurist in our country, pointed out: "in the socialist countries of our country, regardless of the final improvement and reform of the property law, if there is no real normative registration system for real estate to restrict or restrict it, Then eventually will lead to a bad property law development, it is impossible to develop smoothly and healthily. All the measures and policies stipulated by the property law cannot be finally exercised and applied. "1 compared with many other countries in the world, although the construction of the property law in our country is also relatively early, However, there are still a lot of inappropriate and inappropriate laws and regulations on real estate registration in our country. All these need to be corrected and improved in our future work. Before the real right law of our country was promulgated and exercised, the relevant registration system of real estate in our country was not regulated by civil law or by other laws. However, it is precisely the provisions of the relevant laws of the administrative law. Article 21 of the property Law only makes some general provisions on the related liability of the real estate registration authorities in our country, and does not explain in-depth the question of the responsibilities of the real estate registration authorities in our country. This is very disadvantageous to the civil remedies of the parties concerned. This paper not only refers to the relevant regulations and theoretical research on real estate registration in other countries from many aspects, but also combines the basic situation of the current real estate registration authority in China. The realization path and the realization method of the responsibility of the real estate registration authority are made clear. In addition to the introduction and conclusion, this paper is divided into three chapters: the first chapter is an important foundation and premise of this paper, the first chapter leads to the main content of this article through a case. Then through the description of the real estate registration authority and the status quo of the registration responsibility, this paper starts the analysis. The author carefully analyzes the present situation of the liability of the real estate registration authorities in our country and the problems which are urgently needed to be solved at present through reading the materials. Then the author takes the lead in clarifying the nature of the responsibility of the real estate registration authority from both positive and negative aspects, and enumerates several important points of view on the liability nature of the real estate registration authority at present. At the same time, it also analyzes the present situation and the defects of the real estate registration authority in our country. The second chapter is mainly on the identification of civil liability of real estate registration authorities. Firstly, according to the current actual situation, the civil behavior of the relevant real estate registration authority is analyzed. Secondly, it analyzes the liability consequence and causation relation of the civil liability of the real estate registration authority. Finally, it mainly analyzes the main and objective elements of the civil liability of the real estate registration authority. The third chapter is the analysis of how to share and better realize relief. In this paper, some constructive suggestions are put forward, and some of my own views and opinions are also put forward.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D923.2
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