중국 부동산 등록제도 분석과 시사점

This paper analyzes the establishment process and legal framework of China's “Unified Real Estate Registration System”, which began with reforms in 2013 and reached full implementation in 2023. The previous pluralistic registration system, where oversight for land, housing, and forest land was dispersed across various ministries? causing inefficiency and information silos? was consolidated by this reform into an integrated system with a unified agency and a centralized information platform. As a result, China has achieved tangible outcomes, including strengthened property rights protection, enhanced transaction security, and streamlined administrative efficiency. However, despite these achievements, this paper argues that the current system still harbors significant legal limitations. The core regulations governing real estate registration remain at the level of administrative rules, lacking sufficient legal stability. A legal vacuum persists for emerging property rights, such as underground space usage rights. Furthermore, conflicts between these rules and other related laws, including the Civil Code, create practical confusion. Accordingly, this study proposes legal supplementation to consolidate the system's public credibility and stability. It urgently advocates for the enactment of a higher-level, specialized “Real Estate Registration Law” to replace the current administrative regulations, the clear legislation of new property rights, and the resolution of conflicts between related statutes to ensure legal consistency. This institutional completion, grounded in the rule of law, is essential to guarantee transparency and trust in China's real estate market and provide a solid foundation for long-term sustainable economic development.