中國物權法制定과 土地登記의 發展趨勢 = Research on Land registration in China

다국어 초록 (Multilingual Abstract)

The People's Republic of China mainly resorts to a socialist public ownership. Land ownership only consists of ownership by the whole people and ownerships bycollectives, not including individual ownerships or private ownerships, accordingto the Constitution. The purpose of land registration is to protect interest of everyone owning land rights, that is the interests of land holder, land user and others owningother rights of land, therefore, China has formulated the correspondinglaws and regulations. For example, the regulations on land ownership in Constitution, the regulations on land in Civil Law and Guarantee Law, Land Administration law, Implementation Regulations of Land Administration law, Law on Management of Urban RealEstate, the Rules of Land registration, Interim Provisions Regarding the disposition of dispute of land rights and so on.
Land registration refers to that the Stateshall register to State-owned land ownership, ownerships by collectives, the rights to use the land of collectives and other land rights. Land registration is composed of initial registration and alteration registration. The initial registrationis also called general registration, that is, the universal registration to whole land or special land under management; alteration registration refers to other registrations but initial registration, including the registration to certify land ownership, right of use of land, and other land rights, the alteration registration of land ownership, right of use of land and other land rights, the registration to change names, address and usages of land, the registration to nullify and so on. The ownership ,use right of land and other land rights registered according to law shall be protected by law and no unit or individual is eligible to infringe upon it. The land not registered, shall not be allowed to transfer, let and mortgage. The State practice inquiry rules of land registration information, and land registration information may be open to inquiry with a view to making inquiry standardized, ensuring safety of land trade, and safeguarding lawful rights. At the same time, the State introduces agent system of land registration to allow agent to tackle relevant businesses.