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The author:(作者)qqpublished in(发表于) 2014/7/1 8:28:44 Real estate Registration Ordinance， Chinese officials again stillborn， not released before the end of June as scheduled
The real estate Registration Ordinance could not be released before the end of June as scheduled
Xinhua News Agency, calls for unified registration must not become a new approval rights to real estate, to the ideas, interests of the administration of the real estate registration knives
Today is the requirement of the State Council issued on the last day of the real estate registration regulations. Time limit is approaching, Bill during childbirth.
Under legislation passed last month by the Ministry of land and resources plans, the real estate Registration Ordinance has been introduced by the end of June to strive to offer a draft before the end of June, completed during the year.
Southern Metropolis reporter, a staff member from the homeland system was informed by the regulations section is more involved, in conflict with existing sector regulations, is still in the stage of discussion and comment.
In fact, as early as 7 years ago, the "unified registration system of real estate" has been enshrined in the law on real right, but due to differences, not registered, institutions and the scope of a uniform approach. These issues are still controversial, the legislation itself is the game.
China is the world's few countries that will separate land and other immovable property, registration bodies "Bull power", according to different ownership is unknown, not only increase the cost of people rush to run errands, also pose risks.
Real property registration in May this year at the Ministry of land and resources launched, around the start of real estate registration pilot in succession. From now on, land, homes, woodlands real estate registration will be borne by a Department, housing, agriculture, forestry, Marine Department's responsibilities will be transferred to the land sector, institutions and personnel to withdraw and transfer.
Departmental interests into a unified registration stumbling blocks on the road. The timing of the real estate registration regulations, registered when unity, to see if it's really "prostrate".
Cleanup task too much, too much regulation?
Last March, the national people's Congress examined and approved the State Council's institutional restructuring and transformation programme, a clear "towards a unified registration system of real estate". State Office subsequently issued Division circular requiring real estate Registration Ordinance promulgated before the end of June this year.
Deadline approaching, officials as of yesterday is not the news rules, nor does it publish a draft bill submitted to the State Council news. South reporter was informed by a staff member from the system, current regulations are still in the discussion stages and ask for advice. Xinhua News Agency, June 25, commented, the real estate Registration Ordinance this month "may be difficult to finish".
Actually, the answers already introduced regulations by June appeared. During the two sessions this year, Jiang Daming, the Minister of land and resources said in June, "taking out" of the real estate Registration Ordinance. A few days later, Hu Cunzhi, Vice Minister of land and resources said at a forum to ensure that June draft completed and submitted to the State Council, issued during the year to implement.
This shows that the legislative progress of the Bill has been introduced by the end of June to the end of June before the draft. Ministry 2014 legislative work plan last month to consider adopting clear again, to June before the end of the real estate registration regulations (draft) report, completed during the year.
Why regulations deferred? An insider explained to the South of the land system, the current need to sort out conflicts with the unified registration system of real estate laws and regulations, rules and policies, push the related Department to modify or repeal.
South reporter incomplete statistics, these laws and regulations, including the land management law, the registration of real estate management law, the housing measures, implementation of the forestry law, the grassland law, maritime right of registration, if we do not make suitable amendments to Ordinance to avoid embarrassment.
Consulted in the process of "criticism" also make regulations difficult. A source close to land systems South reporter mentioned that regulations "should be coarse not fine" and now what measurements are what departments are very small, do not give room for places to stay. "As the regulations are too thin, as the implementation of the measures would be too rough" a local land and resources Department staff also believe that regulations need to be strengthened in principle, by the introduction of implementing measures and rules, and is easy to operate.
This is only the legislative debates of the Bill "iceberg". China politics and Law University Professor Shi Zhengwen Southern Metropolis reporter, pointed out that if the land Department can't agree on, draft difficult to quote, if relevant departments on the Bill harder to reach consensus could not be submitted to the State Council Executive meeting examined and approved the draft, a number of key issues or even to consult leaders of the State Council.
Section is more involved, larger the resistance?
Sydney gaisano noted that sectoral interests or the real estate Registration Ordinance introduced resistance. Xinhua comments dated June 25, holds the same view. "The unified registration of real estate, who moved the cheese? "The commentary said, first of all to being taken seriously is the registration of real estate management's ideas, interests and related sectors need to abandon" an acre of land, "" hand seal of approval, and fragrance "concept of unified registration must not become a new approval rights to real estate, subject headings from the" powers "to" civil rights ", would have been moved off the biggest stumbling block.
At present, China's real estate registration agency "Bull power", concerned departments have nearly as much as 10, different departments in the immovable property registry, registration, technical methods, formed a relatively complete and independent system, harmonization particularly difficult.
According to the notification made in, function integration, original belong to the Ministry of housing, Ministry of agriculture, forestry, Marine Board of registration of real estate registration-related duties will be unified to the Ministry, "people with" appropriate strengthening of the institutions and personnel of the Ministry.
These departments are willing to put "reserved fields" surrender to you? As early as 2012, the procuratorial daily, commented that this is not pleased to see many administrators and potential beneficiaries for its registration services as management, real estate registration seen as lost "inherent power in the hands" and considerable income, affiliate, also face the withdrawal of personnel and cut.
One Insider on the Southern Metropolis reporter said the homeland system, personnel is a major obstacle in the unification process. Sun Xianzhong, Director of the Research Office of the civil law was put forward by the Chinese Academy of social sciences, law, land and houses separated from the time of registration, country and each of the two systems of housing accumulated 300,000 employees, after the unification of the registration, these people do?
Reform in February this year by the Ministry-led, 9 departments establish the Inter-Ministerial Joint Conference for the real estate registration system. But in addition to the Ministry, a little progress releases real estate registration related work of other departments.
"We are involved in, with the Department, this thing also is the lead department that is better", the State Forestry Administration said a staff reporter for South. "But then we are led units", Ministry staff told the South that "specific registration still required relative departments such as housing registration, you need the housing sector from the reams of information. ”
Listed for easy unification difficult, despite the real estate registry office last month in land and cadastral Management Division of the Department was founded, but as pointed out by the legal daily commented, to enable relevant departments to integrate long-term exercise of right to registration and registration information completely out of hand, required top level promotion, coordination, break down sectoral interests through institutional reform and administrative accountability.
Sydney gaisano believes that delayed the real estate registration regulations, the reform process in order to see the real difficulty, "is actually a commitment to reform, is prostrate."
People expect very high, the Ministry level is not enough?
Real estate registration real estate "Hukou". After the Sichuan Wenchuan earthquake, precisely by virtue of land cadastre file before the ruins to find the owner, gained the recognition and protection of the rights of the land owners.
For a long time, real estate registration agricultural and forestry soil pipe decentralized registration. Residents buy homes, necessary to run separately housing and land Ministry of the housing and the State-owned land use permit, if farmers want to contract land, forests, ponds, beaches, ran no fewer than four departments in order to permit to be done together.
China land surveying and Planning Institute, Huang Xiaohu, a researcher noted that this model was a product of the planned economy, which was mainly to strengthen the Administration to ensure implementation, there are unreasonable.
The passage of time, "bulls registered" disadvantages heavily now. Registration procedures, standards, according to different ownership is unclear, resulting in impossible risks to the right. In addition, different registration responsibilities is unclear, create a conflict of jurisdiction, coordination difficulties, even wrangling with each other, no one responsible.
The introduction of the real estate Registration Ordinance which seem urgent. Homeland officials in Southern Metropolis reporter said, are waiting for the rules, to serve as advance unified legal basis for registration of real estate.
While experts called for real property registration should return intention of maintaining order, the protection of property rights of real estate transactions, but there is no denying that, society looks forward to more of this, including promotion property publication struggling officials and housing information and networking.
Sydney gaisano believes that real estate register is "focus on a variety of problems where" will affect the economy, house prices, most sensitive, deep-seated problems such as construction, needed more senior took out decision, homeland is not just about "trader".
The Inter-Ministerial Joint Conference for the real estate registration system was established in February this year, held its first meeting in March, but has since publicly reported has not been found to convene a second meeting. Point, the convenor was chaired by the Minister of land and "level is not enough", when at least held by Vice Premier of the State Council, to break the barriers of departments.
At present, the Ministry has given schedules: a 3-year period to establish unified registration system of real estate, a 4-year period running the unified registration of real property information management platform, forming the unified registration system of real estate.
Outside of the author of comparative study on the system of registration of real estate, real estate loujianbo, Director of the research center of Peking University told the Southern Metropolis reporter that, from a registration system to register with another system when converting overseas often require a long transition period.
"The rule in Hong Kong for 10 years, United Kingdom from 1925 until the late 90 's to transfer everything over" loujianbo noted that the real estate registration system will be implemented for the entire community, including the lives of ordinary people have a particularly big impact, may wish to grow some of the transitional period.
On March 14, 2013
National People's Congress vote on the adoption of the programme of institutional reform and the function change of the State Council, and proposed to establish a unified registration system of real estate.
On March 28, 2013
State-published on the implementation of the State programme for the reform and the function change notification of Division of tasks requiring introduction of real estate registration regulations before the end of June 2014.
On November 20, 2013
Executive meeting of the State Council put forward for the first time, supervised by the Ministry of land and resources is responsible for directing the national unified registration duties of real estate, real estate registration functions into one Department.
On February 24, 2014
Approved by the State Council, led by the Ministry established the Inter-Ministerial Joint Conference for the real estate registration system, Jiang Daming, the Minister for land and convener.
On May 14, 2014
Jiang Daming, the Minister for land and hosted the 12th ministerial meeting, and strive to the end of June before the real estate registration regulations (draft) report, completed during the year.
The Inter-Ministerial Joint Conference system
Real estate registration four unified
On May 8 this year, land cadastre management division of the Department to add the word real property register of brands. Current to do the responsibilities of provincial, municipal and County consolidation and institutional setup, provincial level at least 18 provinces and cities have been started.
Development of the real estate Registration Ordinance and the relevant laws and regulations. The real estate Registration Ordinance was scheduled for the end of June this year before the estimated delay to complete legislation of the year. Ministry to deploy relevant departments to draft implementing measures of the real estate registration regulations.
Formulate a unified table cards books and certificates and other instruments. Speeding up rural cadastral surveys and land right registration certification, convergence with the unified registration of real estate.
Dynamic supervision of national land register information query system based on construction of real property information management platform for unified registration and inquiry service system.
Registration of real estate transfer
Ministry of housing
Responsible for building housing information system (work)
Collaborative Ministry of land and resources to guide housing registration work (assisted)
Town of compensated transfer of land-use rights and contracted out their responsibilities (reduction of duties)
The Ministry of agriculture
Contractual operation right of rural land in the unified registration of real estate to be a five-year transition period, the transition period, the Ministry of agriculture in conjunction with the Ministry of land and resources, and other departments responsible for the unified registration of contractual operation right of rural land; after the transition period, from the Ministry of land and resources is responsible for directing the registration of contractual operation right of rural land (decrease of duties)
Department of Homeland
Instructing and supervising the national land registration, registration of housing registration, registration of woodland, grassland, marine registration registration work (increased responsibility)
In conjunction with the relevant departments to draft laws and regulations for the drafting of uniform registration of real estate. (Increased responsibility)
Establishment of uniform registration system of real estate, make real estate dispute mediation policies. (Increased responsibility)
Promoting the construction of real estate registration information-based platform. (Increased responsibility)
The State Forestry Administration
Cooperate with Ministry of land and resources to key State-owned forest, trees and forest land registration certification (complemented by the dominant variable)
Collaborative Ministry of land and resources to guide the local registration of forest work (assisted)
The State Oceanic Administration
Assist the Ministry of land and resources in the State Council approved the project with sea and island of sea use rights, registration of right to use uninhabited islands (assisting)
Assisted the Ministry to guide local implementation of seas, uninhabited island right to register work (assisted)
Southern student journalists Shangxi Ge Qian from Beijing
Legislative focus
1, registration authorities why the "flower" the Ministry?
In line with international practice
Civil law by the Chinese Academy of social sciences law drafted Sun Xianzhong, Director of the Research Office of the real estate registration regulations (experts recommend release) time at explanation mentioned in main land and two departments of housing, but the housing sector based on property registration, content not covered by other real estate, the land is the core of real estate, by the land Department is also in line with internationally accepted practice.
Sun Xianzhong, experts also proposed to change the tilt toward the administration of the real estate registration status, directly under the State Council shall be established by the real estate registration agency (Agency).
"The hope that registration of real estate in the land sector as transitory, come to court register to" Chen Huabin, a Professor of the Central University of finance South reporter mentioned, Germany, and Austria, and Korea and other countries have their real property registration institutions in the justice sector.
Director of real estate research center of Peking University loujianbo South Xinhua noted that many countries have registered from the Court to administrative registers, because real estate registration completely independent of management, taxation and so on.
2, official information is when you open the query?
Power and corruption go hand in hand
Because of hopes the anti-corruption expectations, uniform registration of real estate concern. Cadastral Management Division of the Ministry of land and resources official told Xinhua News Agency in an interview, said corruption was not the direct purpose of uniform registration of real estate, although "objective may be associated with".
Experts stressed that the official property and real property information based on publication of real right of publicity for the two schemes. Sun Xianzhong noted that anti-corruption relying on "sunshine laws" cannot be hosted by the real estate registration to fight corruption and political functions, real estate registration specification technical nor for the failure to fight corruption.
"If the regulation can play a role in anti-corruption in civil law, would it not be better? "Also participated in the drafting of the property law at Renmin University Professor Yang Lixin, proposed, need not shy away from the real estate registration regulations and the relationship between corruption, because it will definitely play a role in this.
Analysts pointed out that after the unified registration of real estate, will improve the efficiency of verification of official property. Liu junhai, Director of the Institute of commercial law at Renmin University believes that Deputy level civil servants above rank shall be open public enquiries in order to strengthen public supervision.
3, housing information networking in one step?
Local resistance to be broken
Complete 500 was introduced last June is the Ministry of housing and urban housing information networking time frame, but a year later, housing information networking are still struggling.
Loujianbo South Xinhua noted that housing information networking is not achieved, apart from the technical problems, subjective and inconsistent reasons, funding is a major factor. Our housing register began in the early 80 's, universal computer after entering the new century, to almost 20 years of paper registration information electronically, needed manpower and cost is not small, currently are required to take.
Registration are considered housing estate unified information networking "game-changers", while paving the way for property tax. SO h o Chairman Pan shiyi in blog comments: "it is good policy, if implemented this year, house prices will fall".
But loujianbo said, there is no uniform registration of real estate, so property tax could be levied, such as Chongqing and Shanghai, so the network can work together, like two years ago, has completed 40 of the Department of housing major city networks, except that the information in the man's hand.
In order to reduce the resistance, to dispel doubts, Housing Ministry signed last year with personal housing information Internet City "collection and use secure protocols", including the "query results as the basis for court decisions and administrative penalties", the sensitivity of this matter can peep.
Some analysts pointed out that, at present in the Ministry of housing has been difficult to promote housing information networking, can no longer be confined to a single real estate registration, when the integration of the real estate registration, under the command of a sector overall, crack is difficult to promote the situation on our own. (Source: Southern Metropolis daily)
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