At present, foreign countries generally implement the real estate registration system, which regards registration as an important system content of real estate transactions. This not only promotes the openness and transparency of real estate information, but also becomes an important tool for collecting property tax and fighting corruption.
Switzerland: Legal guarantees are under strict scrutiny.
In Switzerland, the real estate registration system belongs to the right registration system. The definition of movable property in the Swiss Civil Code is to distinguish movable property from immovable property, which highlights the characteristics of the physical standard of whether things can be moved. Article 7 13 of the Civil Code stipulates that movable property in nature and legally controllable natural forces that do not belong to land are the objects of movable property ownership. Real estate is basically limited to land, mines and their fixed objects on the ground.
Swiss law adopts the principle of publicity that immovable property rights cannot be changed without registration, and the object of registration is immovable property rights. Article 656 of the Swiss Civil Code stipulates that land ownership must be registered in the real estate register.
Land registration in Switzerland is generally undertaken by land registration, but the statutory organ of most States is the local court of each state. As Switzerland is a federal country, Article 953 of the Swiss Civil Code stipulates that each state can independently stipulate the establishment of the competent officials of the land registration bureau, the delineation of the registration area, the appointment and remuneration of the competent officials and the supervision organization. Switzerland usually takes a state as its jurisdiction, and each jurisdiction has a land registry, and the registrar is responsible for the specific business of registration. If there is no official office in charge, the Civil Law stipulates that the state government will act as the agent of the official office in charge of land registration. In addition to appointments and wages, other land registration regulations formulated by the cantons must be approved by the Swiss federal government.
According to the provisions of Articles 963 and 965 of the Swiss Civil Code, the scope of examination by the registration authority includes the application for registration, the written statement of the real estate owner, the documentary evidence of the applicant's disposition right and the documentary evidence of legal reasons, among which "legal reasons" is the basic legal relationship that leads to the change of real estate rights. For most real estate property rights changes, the cause behavior must be notarized, otherwise it has no legal effect. As long as it is notarized, the registration authority does not need to examine the legality of the substantive legal facts.
Detailed rules for making and measuring the cost of the Swiss real estate register are formulated by the Federal Parliament. According to Article 954 of the Swiss Civil Code, states can charge fees for real estate registration and mapping, but not for land improvement or land replacement for improving agricultural management.
Switzerland has formulated detailed regulations for registration officials who undertake land registration. As for the responsibility of the registrar, article 955 of the Swiss Civil Code stipulates that each state has the right to investigate the fault of the registrar and the directly supervised organ and demand compensation for losses. With regard to the supervision of registrars, Article 956 of the Civil Code stipulates that registrars are subject to regular supervision when performing official duties. Objections raised by the Registrar in the performance of official duties, as well as disputes over documents or applications submitted or to be submitted, shall be decided by the State Supervision Office. If the parties are not satisfied with the decision, they can continue to appeal to the competent federal administrative office. Article 957 of the Civil Code stipulates that the State Supervision Bureau will impose disciplinary sanctions on registrars and staff who neglect their duties. Statutory disciplinary action can be divided into warning and fine within 1000 Swiss francs, and serious dereliction of duty can also lead to dismissal from public office. In addition to these disciplinary actions, the criminal responsibility of dereliction of duty officials and staff can continue to be investigated.
According to the basic principles of property law and real estate registration, registration is an act that provides legal basis for real estate transactions with the credibility of the state. If the registration is wrong, the parties and other interested parties may be harmed. Therefore, the relevant real estate registration authority should bear the corresponding liability for compensation. Switzerland has specially set up a registered compensation fund to make up for the possible damage to the interests of property owners. It is the establishment of this reasonable accountability mechanism that ensures the full play of the effectiveness of the Swiss registration system.
Singapore: It is very clear to check people by house.
The Singapore government has always made unremitting efforts to solve the public housing problem as a public responsibility. Today, Singapore has become one of the best countries in the world to solve the housing problem. Although Singapore is a market economy country, the development and construction of its public housing is not completely realized by the market, but led by the government. Singapore's land is divided into state-owned and individual-owned, of which state-owned land accounts for about 80% of the total. Land is the source of national wealth, and it is also the foundation and lifeline for the Singapore government to build mass housing. The Singapore government firmly holds land resources in its own hands to ensure the land supply needed for large-scale housing construction.
For a long time, the Singapore government has strictly restricted HDB property speculation. The policy orientation of HDB real estate for the public is "self-occupation", which limits the number of times residents buy HDB real estate. A family can only own one HDB house. If they want to buy a new HDB apartment, they must quit the original HDB apartment to prevent speculation, and they are not allowed to buy houses for investment purposes.
In order to know more about public housing and public real estate, and prevent the real estate market from being chaotic, the Singapore government has implemented the real estate registration system for a long time. Torrance registration system, which is widely used in Commonwealth countries, was first implemented in Singapore, and this land contract system gradually faded out of the market with the entry into force of the Singapore Land Ownership Law in the 1960s.
The land registration system in torrance is a real estate registration system with strict norms and clear rights and responsibilities, which has absolute credibility. Through the establishment of land registration agencies, the government is responsible for land registration, and the registered land or real estate is guaranteed by the government to ensure the authority and legitimacy of its property rights, rather than through transactions or transfer contracts between the two parties. Land and real estate registered by the government, their owners, land area, plot location, boundaries and related rights and interests. All of them have been examined and appraised by government registration agencies, and the government guarantees their accuracy and authenticity.
Although Singapore had its own land ownership law in the 1960s, it also experienced the long-term coexistence of the old land ownership registration system and the central registration system, especially in some older communities, where the registration of real estate depended on the old land ownership system for a long time. In the 1990s, the relevant land management departments in Singapore began to speed up the transformation of the old and new systems, requiring all real estate to be converted into a central registration system. After several years of integration, by the beginning of this century, Singapore's real estate has been basically unified under the central registration system.
Before the computerization of Singapore's central real estate registration system, any real estate unit had a registration card in the Land Bureau, which recorded all the transaction information of the unit since its establishment, thus avoiding the possibility of fraud or fraud by some lawless elements using the original contract documents. This is like a library card, which records the borrowing and retrieval information of all books. The former form of title deed, like the current household registration book, is interchangeable between people, easy to be cheated and lacking protection.
With the continuous progress of electronic technology, the Singapore government is also continuing to promote the construction of e-government to further improve productivity. At the same time, the electronization of Singapore's real estate registration system has also become an inevitable trend of development. In the process of real estate transaction, the current electronic real estate registration system can basically let you find out the detailed information of the land where a title deed is located, such as the name and nationality of the owner, the number of buyers who changed hands after the house is completed, and whether there are related loans and mortgages. If someone is willing to pay more information fees, they can even find the municipal planning map of the land where the house is located, so as to judge whether the future infrastructure construction such as subway lines will affect the prospects of the house. Moreover, this kind of information can be found not only by the entrusted lawyers of housing sales, but also by real estate agents, and even by ordinary people in the government's land management bureau, where the staff will cooperate with each other to provide this information.
Although Singapore's real estate registration system can find out the owner's information through a certain property, it is impossible for ordinary people to find out how many properties a person owns because it involves personal privacy. However, the government can master and understand the private property of each citizen through the real estate registration system, so as to prevent individuals from abnormally owning multiple properties and effectively stop the occurrence of corrupt behaviors such as taking bribes with real estate.
Russia: The trend of facilitation is obvious
Recently, the Russian Ministry of Economic Development submitted a draft law on simplifying the real estate registration procedure to the federal government, which will lay the foundation for further improving the Russian real estate registration system. The Russian government plans to optimize the "road map" for real estate registration, so that people can feel the convenience brought by the improvement of public services.
According to the current law, the competent department of real estate registration is the Federal State Registration and Surveying Bureau under the Russian Ministry of Economic Development. In order to ensure the state's "right to know" about real estate transactions, whether buying or selling real estate, it is necessary to register with the State Registration and Drawing Bureau of the Russian Federation, which will review the relevant supporting documents to confirm the legality of the transaction, and the buyer's property ownership will take effect after completing the corresponding registration procedures. The State Registration and Surveying Bureau of the Russian Federation will also submit the property information of the house owner to the tax authorities as the basis for collecting property tax.
Vasiliev, director of the State Registration and Surveying Bureau of the Russian Federation, recently said that in the future, Russian citizens can check the ownership of houses through smart phones and tablets, and they can see the real estate registration certificate produced by the bureau with one click. In the future, all Russian real estate registration information will also be integrated into a unified database. According to the amendment to the real estate registration law recently submitted by the Russian Ministry of Economic Development, Russian residents will soon be subjected to new changes brought about by simplified registration:
First of all, Russian residents can submit relevant registration materials at the service center of the Russian Federal State Registration Bureau of Surveying and Mapping, regardless of the geographical location of the property. Previously, the Russian government had stipulated in the amendment to the Real Estate Registration Law of the Russian Federation, which came into effect in 13+ 1 year 10, that Russian residents could not complete the registration procedures at the place where the property was located, but it was not clear how to apply for registration and what procedures to perform outside the place where the property was located. This revision process will be clearly defined.
Secondly, starting from 20 15, Russian residents can register their real estate online. The State Registration and Surveying Bureau of the Russian Federation has now begun to try to make administrative management electronic. At present, 27% of the bureau's public * * * services can be completed online, and from/kloc-0 to June this year, 4.4 million inquiries and public * * * service requests have been handled. Vasilyev said that for real estate registration, Russian residents can choose online or on-site in the future.
Third, the paper property registration certificate may become history. According to the current registration law, the owner of a house can choose to obtain a paper property registration certificate from the State Registration and Surveying Bureau of the Russian Federation, or an electronic version or a printed certificate from the database of the National Unified Registration Center. In the future, Russia may completely abandon the paper property registration certificate, and by 20 18, the property ownership certificate and property transfer information will be electronic.
Fourth, the administrative cycle of real estate registration has been greatly shortened. By 20 18, the time required for Russian residents to register real estate will be shortened from the current 18 days to 5 to 7 working days.
However, while the registration procedure becomes electronic and convenient, Russia will greatly increase the real estate registration tax from 20 15 1. At present, the real estate registration tax levied in Russia is 1 000 rubles for individuals and 1 500 rubles for legal persons, and will be increased to 2,000 rubles and 22,000 rubles respectively from next year.
Japan: Developed transactions and strict registration.
Japan is a land privatization country, with private land accounting for 65% of the total area, and land owned by the state and local governments only accounts for 35%. Because of the high added value of land, ordinary people can borrow money from banks more easily as long as they hold land. Therefore, land-based real estate transactions are very developed, and land-related housing sales, leasing and other activities are also very active, resulting in real estate registration and taxation.
Japan's real estate registration is based on civil law and real estate registration law, and the real estate registration system has a history of one hundred years. After the birth of relevant laws, Japan has continuously improved and enriched according to economic and social development, and then formed a strict legal system at present. For the sake of strict laws, Japan has conducted a survey on the land situation in the whole country for nearly 30 years, and drew a land atlas as the basis for the relevant departments to implement real estate registration according to law.
Japan's real estate registration is divided into land registration and building registration on land. If land or related buildings are to be traded, traders must first go to the intermediary company to select the target real estate, then they can go to the registration department to pay for relevant information, understand the nature and boundary of the real estate, and ask experts to identify the price and taxes of the target real estate, and finally go to the registration department to register. The main contents of registration are the ownership, superficies, leasehold, mortgage and mining rights of real estate. After examination, the registration department will issue a Certificate of Rights to the applicant for registration. When these rights need to exist, transfer, change or restrict in the future, they will re-apply and register their certificates.
Japan's real estate registration administration is subordinate to the Ministry of Justice of the government, with 8 legal bureaus, 283 sub-bureaus and 1200 registries. All real estate registration adopts computer networking system, with a special real estate information management platform and a large number of real estate databases. The "registrar" is responsible for the registration of real estate. After passing the national judicial examination, he will be hired and formally appointed by the local legal director. Registrars have great responsibilities. They have two powers. First, the right of written examination, that is, to examine the registration application according to law; The second is the right of on-site inspection, that is, to go to the scene to check whether the real estate applied for registration is in line with the actual situation.
Japan's real estate registration has strict legal significance, and real estate can enjoy legal rights only through registration. That is to say, only after the registration department completes the registration formalities and is recognized, the real estate owned by it has the rights endowed by law, and can be traded, guaranteed, mortgaged and leased. Unregistered real estate will not be protected by law if it conducts the above transactions. Once it is found, it will be severely punished and its real estate will be confiscated. Therefore, Japanese real estate owners are very active in registering with the registration department to ensure their legal rights.
Because of the great power of the registrar, its management is also very strict to prevent private transactions and abuse of power for personal gain. According to the relevant laws and regulations, the registered applicant can complain to the supervision department of the Legislative Affairs Bureau or bring a lawsuit to the court after discovering that the registrant's mistakes have caused losses to him. If the fault of the registrant is determined to be clear, the registrant must compensate all the losses caused to the registration applicant, and at the same time, he will be dismissed from his post. In addition, if the registered case involves the registrar himself or his spouse or immediate family members, the registrar must withdraw and be handled by another registrar, and must be strictly examined by the superior leader. These systems were established after many corruption cases, thus ensuring the fairness and legality of real estate registration.