At present, real estate and real estate are registered separately in most areas of China, that is, real estate is registered by the real estate department of the construction department and real estate is registered by the land department. As an important part of real estate, separate registration has many disadvantages, which obviously cannot meet the needs of the development of socialist market economy and is questioned by all walks of life. The call for unified registration has a long history. This year 1 October1day, the Property Law was officially implemented, and unified registration of real estate is the general trend.

First, the necessity of unified registration of real estate

(1) Paragraph 2 of Article 10 of People's Republic of China (PRC) Property Law stipulates: "The state practices a unified registration system for real estate. The scope, registration institution and registration method of unified registration shall be stipulated by laws and administrative regulations. " The state has made it clear in the form of law that real estate must be registered uniformly. As a common law, the Property Law should be more effective than the Land Management Law and the Real Estate Management Law as departmental laws. There is no reason for the land administrative department and the construction administrative department to go their own way and issue certificates separately.

(2) Real estate and real estate are essentially a whole, namely real estate. There are no buildings in urban construction land, which can not produce benefits at all. Any building must also be built on the ground, and there is never a castle in the air. This is the natural attribute of real estate, and it is against the law to divide it artificially by administrative means. This property law stipulates that the land use of urban residential land will be automatically renewed after 70 years, which completely excludes the possibility that real estate and real estate are owned by individuals and the state respectively, that is, the separation of real estate. Real estate and real estate have been integrated, and there is no need to apply for a separate certificate.

(3) The unclear powers and responsibilities of the real estate management department and the land and resources management department directly lead to unclear real estate ownership, repeated mortgage, complicated transaction procedures and increased transaction costs, which makes the security of real estate transactions not fully guaranteed, which seriously affects the improvement of the soft environment for China's economic development and is not conducive to fully protecting the legitimate property rights of citizens, legal persons and other organizations. This obviously violates the legislative principle of the property law.

(4) The separate registration of real estate directly leads to an increase in the cost of handling permits. Almost every city has two advanced information registration centers, two sets of complete procedures and two sets of personnel, which greatly wastes the limited administrative resources of the country. At the same time, it also brings inconvenience to ordinary people, and it is complicated and cumbersome to run on both sides to get a certificate. Just to expand the power of the department, it not only wastes national resources, but also brings inconvenience to the people. This phenomenon won't last long.

Second, the feasibility of unified registration of real estate

At present, China's legal system is not perfect. There is no special law for real estate registration, and the relevant provisions are mainly scattered in various separate laws and regulations. China's current real estate registration system is not established according to the principle of property rights publicity, but according to the administrative functions and management needs of government administrative organs. As an important part of real estate, real estate registration is mainly handled by land management departments and construction departments. Its registration basis is mainly land management law and real estate management law. Article 61 of the Real Estate Management Law stipulates: "Anyone who obtains the land use right by allocation or allocation shall apply to the land administration department of the local people's government at or above the county level for registration, and after verification by the land administration department of the local people's government at or above the county level, the people's government at the same level shall issue the land use right certificate. If a house is built on the land for real estate development obtained according to law, it shall apply for registration with the real estate management department of the local people's government at or above the county level with the land use right certificate, and the real estate management department of the local people's government at or above the county level shall issue the certificate of ownership of the house. " This provision actually provides a legal basis for the separate registration of real estate, which is inconsistent with the spirit of the Property Law. To solve this problem, we must start with laws, government functions and institutional settings.

(a) according to the principle of real right publicity to determine the real estate registration system, according to the law to clarify the real estate registration department. Defining the real estate registration authority from a legal perspective is an effective means to curb administrative disputes, but it is also the only way to protect the rights and interests of real estate according to law. At present, there are three recognized real estate registration agencies in the world. First, the court is responsible for the registration of real estate, which is mainly the practice of Germany, Switzerland and other countries. Second, special administrative organs are responsible for real estate registration, which is the practice in Australia, Taiwan Province Province and Hong Kong Special Administrative Region. Third, notaries and other institutions with service functions are responsible for the registration of real estate rights, excluding administrative intervention and ensuring the independence and efficiency of registration. This paper does not analyze the advantages and disadvantages of these three methods. Considering China's national conditions, it is probably more appropriate for the administrative organs to be responsible for the unified registration of real estate, including real estate. However, no matter which department is responsible for registration, its identification principle should be the jurisprudence of property right publicity, not the needs of administrative organs' management and functions. If we look further, it is necessary to establish a special real estate registration law.

(2) Solve the problem from the function of the administrative system. Now, the focus of debate between the land department and the construction department is the secondary market of land, that is, who will manage the land after it is sold as construction land. The land department generally has the following reasons: land registration is fully covered and is not restricted by land ownership and utilization. The department of land and resources is a functional department that manages land according to law and a symbol of public power. The unified registration authority for real estate must be the department of land and resources. If the unified real estate registration authority is not the land and resources department, but other relevant departments, it will be difficult to effectively implement the national land use control system, and it will be difficult to complete the procedures of setting, renewing, transferring and recovering the right to use construction land. In fact, this reason is far-fetched. The real estate department is a department that manages real estate according to law, and the law also gives the real estate department the right to register real estate. We have noticed that there are two points worthy of attention in the property law. First, the 70-year period of construction land will be automatically extended, that is to say, although the land use right is still usufructuary right, it is already the "permanent production" of the owner. The land department basically does not exist (not absolutely) in the process of transfer and recovery, but the land basically flows in the construction field. Second, the Property Law does not mention "land use right" throughout, but "construction land use right" instead. Does this mean that the land use right has actually completed the transformation from "land" to "land" after entering the secondary market? From the perspective of property rights, it is more about the rights of users. In fact, there are good reasons for who will manage the secondary land market, regardless of the land department or the construction department. The key is to be clear as soon as possible. The State Council, as the co-leader of the two administrative departments, should do something. In addition, there is a plan for the State Council to consider, separating the functions of real estate management from those of registration agencies, and establishing an independent real estate registration bureau in municipal and county government departments. Drawing lessons from the national judicial examination system, the the State Council construction administrative department will take the lead, and the land, construction administrative departments and other relevant departments will jointly issue detailed rules for real estate registration, issue a unified real estate registration system, study specific issues of unified real estate registration system, and realize unified real estate registration when conditions are ripe. The advantage of setting up a separate real estate registration bureau is that it is decoupled from administrative power and helps to straighten out government functions. The state unifies the real estate registration system and registration rules, first unifies the registration of real estate ownership, and prepares for the unified real estate registration in the future.

(3) If the above two points cannot be achieved in the short term, then simply solve the problem from the organization. For a long time, land management and real estate management belong to different administrative departments, and it is difficult to achieve unified registration due to the expansion of departmental interests. One is the Beijing-Shanghai model, which combines the Land and Resources Bureau and the Real Estate Administration to form a unified "Land and Resources Real Estate Administration" to solve the functional problems from the institutional perspective, unify the urban and rural real estate ownership registration agencies, and issue a unified real estate ownership certificate. Secondly, some cities unified the registration and management of real estate ownership within the urban planning scope to the real estate management department, while the registration and management of real estate ownership on collective land outside the planning area was unified to the land and resources management department. This not only avoids the disadvantages of real estate division, but also forms the effective power restriction between different government departments in the process of agricultural land expropriation, avoids the dilemma of land and resources management departments in managing cities and protecting cultivated land, and is conducive to the next reform of land expropriation system in the country.