论不动产登记的私法和公法双重属性

On the Dual Natures of Real Estate Registration in Private Law and Public Law

对于不动产登记法律属性的理性追问在当下中国十分必要。在厘清不动产登记的概念和梳理法律属性争议的基础上,对私法语境和公法语境下的不动产登记分别阐述,最后指出不动产登记具有私法和公法双重属性,私法属性是内核和本质,公法属性是外观和形式,以及作此定位的重要意义所在。

The rational questioning aboutthe legal natures of real estate registration is very necessary in China at present. On the basis of clarifying the concept of real estate registration and combing the controversy over legal attributes, this paper respectively illuminatesreal estateregistration in the context of private law and public law. Finally, it is stated that real estate registration has dual natures with nature in private law as inner core and nature in public law as outer from, as well as the significance of identifying their positions.