Das chinesische Grundbuchsystem und Grundbuchverfahren

Abstract

The Chinese Land Registration System

At the end of 2014, the State Council of the People´s Republic of China issued an “Interim Regulation on Real Estate Registration” (Interim Regulation),which wasfollowed by “DetailedImplementation Rules” (Implementation Rules) passed by the Ministry of Land and Resourcesin mid-2015.

Together with further relevant rules, a standardized body of real estate regulation was created.

The author examines the objectives of the Interim Regulation, focusingin particular on the new Implementation Rules dealing with the land register and the land registry office as well as the registration procedures.

According to the author, the new Implementation Rules have established a widely predictable land registration system which even offers precise answers to questions of detail.However, although such an approach seems capable of creating legal certainty in the regulated typical matters, it leaves room for doubt in irregular cases.

The author advocatesa consolidation of the Interim Regulation and the Implementation Rules in order to avoid substantiveredundancies and criticizes the strong administrative character of the land registrationprocedure.