On 26 august, the “consolidation of the national land change survey and promotion of the unified registration of real property” was held in beijing. According to a member of the party group of the ministry of territorial resources, vice-minister hu wing zhi, the task of consolidating the unified registration of real estate is difficult and the integration of responsibilities at the municipal and county levels is in the start-up phase. The state council calls for the completion of the integration of responsibilities at the provincial, municipal and district levels by the end of this year. On 15 august, the real estate register was publicly consulted. The permanent deputy director of the real property registry of the ministry of territorial resources indicated yesterday that information-sharing and legal public access would be achieved in 2017。
Improved efficiency through integration of functions
He noted that the establishment and implementation of a unified immovable property registry system should be accelerated, with emphasis on top-level design, integration of responsibilities and institution-building and sharing of information. The current focus is on accelerating the integration of real estate registration responsibilities at all levels, not only at the provincial level, but also at the municipal and district levels; on proactively exploring modalities and methods for the integration of real estate registrations and the smooth implementation of such registrations; and on building a foundation for actively advancing the information platform。
It is stated that the establishment of a unified immovable property registration system, the streamlining of departmental responsibilities and the consolidation of responsibilities for housing registration, forest land registration, grassland registration, land registration and maritime registration under one department of the ministry of territorial resources could significantly reduce administrative costs to the government, increase efficiency and enhance the credibility of the government。
In support of his point of view, the ssi scholar sun khun zhong said: “we develop a house, first with a place, then with a house, partly in the land department and partly in the housing administration, but in practice, the place and house are inseparable and separate registrations will inevitably lead to institutional disruption.”
At present, the real estate authorities concerned are registering real estate, and the departments are equipped with a set of specialized personnel, institutions, premises and facilities, for which the state not only incurs additional human and material costs, but also because of the cross-cutting nature of their functions, which can easily lead to competition for power or prevarication and reduce administrative efficiency。
In terms of specific work on integration of responsibilities, the cold ambition is that information transfer, system alignment and alignment at all levels should be smooth and orderly, without leakage or error. It is important to investigate the institutions, areas of responsibility, policy regulations, technical standards, information management and information system development of real estate registry personnel in the various sectors, and to develop work programmes that are tailored to local characteristics, to regulate the transfer of information, and to ensure a steady and gradual system interface。
The principle of registration is not specified
With regard to the steps to be taken for the implementation of the unified registration of immovable property, in accordance with the timetable proposed by the ministry of land and land, the integration of responsibilities at all levels will be substantially completed and a basic system established in 2014; the accompanying system will be developed in 2015 and implemented in a smooth and orderly manner; the system will be fully structured and functioning in 2016; and information-sharing will be achieved in 2017 with open access to the law。
Who has the right to ask? When information-sharing actually took place in 2017, would there be a massive exposure to “brother-in-law” and “honor-in-law”? This is of utmost concern to the outside world。
The draft statement of comments indicates that the registration of immovable property is legally accessible and copied by the rights and interests concerned and should be provided by the immovable property registry. The relevant state bodies may, in accordance with the provisions of the law and administrative regulations, request and copy the registration of immovable property in connection with the investigation of cases。
“many have put forward their own ideas, and they want the real estate information to be fully open and accessible. In legal terms, it is flawed.” sun expressed the view that the reason for establishing a registration system was that it was open to whom, and indeed closely related to property law and market transactions and order。
According to the current consultation draft, the unit or individual searching for the immovable property register may not use the information obtained for other purposes; the information obtained in the immovable property register may not be disclosed to society or to others without the consent of the right holder。
It should be noted that the state has a unified register of immovable property, but in the relevant provisions of the consultation draft, there is no voluntary or compulsory registration of immovable property. Experts in the industry also disagree。
As to the principles to be adopted for immovable property registration, sun's constitutional interpretation is that “the state will not impose, but you have to understand that, in order to obtain the protection of the state, it is necessary to apply proactively for registration, which is the basic basis of the principle of application”
Responsible editor: zhang dei
[whispering information cellular client downloading]
