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从不动产登记行为自身的性质考察,我国不动产登记宜采实质审查模式;基于实证的考察,我国目前的不动产登记应采实质审查模式,以体现不动产登记的公信力要求;基于转变政府职能角度考察和比较法的考察,我国不动产登记应分流实质审查功能而采形式审查模式,将实质审查功能分流给逐步转型为社会权力者的公证机构行使。
Based on the investigation of the nature of the registration of real estate, the real registration of real estate in our country should adopt the mode of substantive examination. Based on the empirical investigation, the current real estate registration should adopt the mode of substantive examination in order to reflect the credibility requirement of real estate registration. According to the investigation of law, the registration of real property in our country should be divided into the substantive examination function and the formal examination mode, and the substantive examination function should be diverted to the notary office which is gradually transformed into the social authority.