Discussion on Registration Validity Doctrine of Housing Land Use Right

• 作者: Wenli YU
• 来源期刊: 亚洲农业研究：英文版
• 学科: 政治法律
• 关键词: REAL ESTATE REGISTRATION HOUSING land use RIGHT Re
• 年，卷（期）: 2013,（1）
• 页码范围: 79-82
• 页数: 4页
• 分类号: D922.181

摘要

Relationship between the registration and right change of housing land use right is not clearly stipulated in the Property Law. Land registration involves functions of private law and public law. It is partial to only considering private rights dimension when deciding whether registration validity doctrine or registration confrontation doctrine should be implemented in housing land use right. Compilation of land use planning, implementation of land use control and promotion of arrangement project in rural residential area all rely on sound and complete housing land registration data. To clarify housing land right adscription, eliminate hidden troubles causing housing land dispute and promote the establishment of harmonious countryside can never be achieved without housing land registration data. To carry out registration validity doctrine of housing land use right can effectively guide farmers’ registration behavior and thus build a perfect registration information system of housing land use right. After the cross-village and even cross-town arrangement in rural residential areas, rural acquaintance society has transformed into semi-acquaintance society and even stranger society. Therefore, housing land use right commending its existence with registration in public form has been a necessary choice in legislation.