The so-called form of review is limited to the registration of certification to conduct, the material provided by the applicant meets the requirements of legal norms set by the fact that the registration material that is provided is available, complete. The so-called substantive review, is in addition to the form of review, but also the material provided by the applicant for the registration of real, legitimate, the effectiveness of a comprehensive review.
"Housing ownership registration management approach" Article X: Housing ownership registration in accordance with the following procedure :( a) accept registration applications; (b) ownership of the audit; (iii) announcement; (d) the approval and registration, housing rights issue genus certificate. Paragraph (c) applies to the registration authority considers necessary registration bulletin. "Chongqing Land Housing Ownership Registration Ordinance" (hereinafter referred to as the Regulations) were registered. The provisions of Article 10 states: land and housing ownership registration of general procedure :( a) application acceptance. ......; (Ii) ownership of the audit. By the competent administrative departments of land and housing to apply for registration of land and housing tenure Source and legality audit; (c) registration certification. ......; Land and housing tenure from the competent land and housing administration departments approved the registration of the date of entry into force. Announcement related matters should be announced by the competent administrative department of land and housing. The provisions of Article 11 states: meets the following conditions, land and housing administrative departments shall be registered :( a) submit complete information; (ii) ownership legitimate sources, clear and unambiguous four boundaries; (c) the content and submission of the application for registration The content of the actual status of land and housing data and proof; and (iv) non-controversial tenure. Article 31 of the Ordinance provides: land and housing ownership registration application villagers residential, approval documents shall be submitted to the homestead, land and housing plan. "People's Republic of China Land Management Law" before the implementation of construction of houses, villagers can not submit source documents of ownership, the location proved to village groups issued by the competent administrative departments approved the registration of land and housing.
Specific to this case, the defendant in the process of registration of real estate rights in the executive, should strictly perform their duties in accordance with the above provisions, not only to the information provided by the applicant as a form of review, but also the authenticity and legality of substantive examination, the only way the purpose of the legislation in order to comply with in order to achieve the above-described methods and regulations of the information is complete, ownership legitimate sources, four circles in clear and unambiguous ownership uncontested standard of review. And in this case, the defendant is the third person of real estate administrative registers warrants horse so handled the evidence from the offer, the only "Heba village of proof", the four circles on the proof has altered, no village groups signature confirmation, head of the neighboring families whose houses four community 何家荣 (RMB), also deny the fact that its signature and proof housing department, "Ma Moumou of ancestral houses," Mamou be denied in the trial, which demonstrated The content is obviously untrue, it is not legitimate, the defendant made a formal examination only without its substantive examination, nor shall be published in accordance with the provisions of regulations, resulting controversy will have ownership housing registration to a third party, lack of housing ownership exist legitimate sources of primary evidence, and there is the behavior of the defendant in violation of legal procedures, according to the law belong to should withdraw the case, therefore, the real estate title registration made by the defendant by the court verdict revoked.
I suggested that Land and Housing departments to handle the registration of real estate rights in the administration, the material provided by the applicant shall fulfill the duties of a comprehensive review of the substance to ensure the authenticity of the contents of the registration is limited. First review registration procedures and other material provided are complete, legal; the second is to review the authenticity and legality of registration and the main content of the material; the third is the material provided by the applicant doubts exist, should be verified.
