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不动产物权的行政登记作为物权公示方式具有明显的公权力介入私权利的特征,为了尽可能的降低行政管理色彩,抑制行政权力行恣意行使,保障公民权利,必须强调程序法定,通过程序的规定对行政登记活动的自由裁量加以控制。本文以《物权法》作为实体法依据,试图从程序法角度入手,提出建立我国不动产物权行政登记系统的设想,并具体对该行政登记系统的各个要件作出了具体分析。
Administrative registration of real property rights as the way of publicity of property has the obvious feature of public rights intervening in private rights. In order to reduce administrative color as much as possible, restrain administrative power from exercising arbitrarily, and protect citizens' rights, it is necessary to emphasize the legal procedures and the procedural It provides for the control of the discretion of administrative registration activities. In this paper, “Property Law” as the substantive law basis, trying to proceed from the perspective of procedural law, put forward the idea of establishing China's real estate property rights administrative registration system, and specifically the various elements of the administrative registration system made a specific analysis.