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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。
Real estate registration exists in the parties and the registration authority of the damage liability, civil and administrative liability issues unclear. The main factors that affect the liability for compensation for real estate registration are the mode of property change, the registration system and the nature of registration. The Registration of Real Property Law should be enacted to provide uniform provisions on the liability for damages in the registration of real estate. With the revision of the State Compensation Law as an opportunity, the relationship between civil liability and administrative liability should be coordinated. The registration of Property Law is classified as Based on a clear distinction between different registration errors, a clear distinction between the responsibilities of the parties and the responsibility of the registration authority.