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China Releases the Provisional Regulations on Real Estate Registration
The Provisional Regulations on Real Estate Registration (the “Regulations”) were promulgated on December 22, 2014 and shall take effect on March 1, 2015.

The Provisional Regulations on Real Estate Registration (the “Regulations”) were promulgated on December 22, 2014 and shall take effect on March 1, 2015.


According to Jennifer Jiang, Chief Attorney of Bilingual Lawyers, the focus of the Regulations is the integration of real estate information throughout the whole country. The Regulations require the Ministry of Land and Resources of the PRC to work with relevant authorities for the establishment of a unified information management platform on real estate registration information (the “Platform”).  The real estate registration information of the registration authorities of various levels shall be incorporated into the Platform. After the integration, whether a person can have access to information of multiple cities in one or any registration authority is not mentioned, but very likely.


The controversial “search by name”, however, is not mentioned at all through the Regulations.  That is, the current “search by address” is still the only way to have access to the real estate registration information. “Search by address” refers to that owners, concerned parties and relevant government authorities or their representatives need to go to the relevant registration authorities and apply for information by providing the exact addresses.   “Search by name”, however, is expected to be that the real estate information of all cities can be searched as long as the name of a person is provided. It is not uncommon that some house owners refuse to disclose information on their properties, which causes lots of difficulties for their debtors, spouses or other concerned parties to realize their rights.
 

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法律之间冲突时的效力原则


正式的法的渊源的效力有时也被称为法律效力等级,或法律效力位阶。宪法(或根本法)属于第一层次,而民法、刑法、行政法、诉讼等基本法律属于第二层次,基本法律之下还可能有第三和第四层次的法律等等。不同位阶的法的渊源之间的冲突原则包括宪法至上原则、法律高于法规原则、法规高于规章原则、行政法规高于地方性法规原则等。


同一位阶的法的渊源之间的冲突原则,主要包括:(1)全国性法律优先原则。(2)特别法优先原则。(3)后法优先或新法优先原则。(4)实体法优先原则。(5)国际法优先原则。(6)省、自治区的人民政府制定的规章的效力高于本行政区域内的较大的市的人民政府制定的规章。


位阶出现交叉时的法的渊源之间的冲突原则,我国《立法法》主要规定:(1)自治条例和单行条例依法对法律、行政法规、地方性法规作变通规定的,在本自治地方适用自治条例和单行条例的规定。(2)经济特区法规根据授权对法律、行政法规、地方性法规作变通规定的,在本经济特区适用经济特区法规的规定。(3)地方性法规、规章之间不一致时,由有关机关依照各自的权限作出裁决。



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