不动产登记中的损害赔偿责任研究

不动产登记中存在当事人和登记机构的损害赔偿责任、民事和行政赔偿责任划分不清的问题。影响不动产登记损害赔偿责任的因素主要有物权变动的模式、登记制度、登记行为的性质等。应当制定《不动产登记法》,对不动产登记中的损害赔偿责任作出统一的规定;以《国家赔偿法》的修改为契机,协调好民事和行政赔偿责任的关系;以《物权法》的登记分类为基础,分清不同的登记错误,明确当事人责任和登记机构责任的区分标准。

Research on Damage Liability in the Registration of Real Estate

In the registration of real estate,the damage liability between owners or users of real estate and registration authority is not clear.There are several factors which affect the damage liability in the registration of real estate,including the mode of real right alteration,the system and the nature of registration and so on.We should enact the Registration Law of Real Estate to uniformly prescribe the damage liability in the registration of real estate.The amendment of the State Compensation Law is a chance to regulate the relationship between civil liability and administrative liability.We also need to distinguish different registration mistakes according to the classifications of registration in the Real Right Law to make a certain standard to differentiate between the liability of owners or users of real estate and the liability of registration authority.