《城市房地产管理法》第53条、《城镇国有土地使用权出让和转让暂行条例》第31条确立了我国不动产租赁登记备案制度。但是这种纯粹行政法意义上的管理制度,从建立伊始就倍受必要性的理论争议。与此同时,在不动产登记实践中,租赁登记工作的艰难,也是抵押登记和所有权登记所不曾 Article 53 of the “Urban Real Estate Management Law” and Article 31 of the Provisional Regulations on the Sale and Transfer of the Right to Use State-owned Land in Towns and Cities have established the system of registration and filing of real estate leases in our country. However, the management system in the purely administrative law sense has been much debated from the very beginning when it was established. In the meantime, in the real estate registration practice, the difficulty of registration of the lease is also not registered in the mortgage registration or ownership registration