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房产登记档案查询制度作为物权法律体系的程序性制度,属于私法领域,通过对查询主体的审核以及查询方式的限定来明确物权、维护交易安全是其社会功能所在。当前由“房妹”、“房叔”、“房姐”等事件引发的对房产登记档案查询制度的责难,将其作为反腐的制度支撑,无疑误解了该制度的调整范围和制度功能。本文阐述了房产登记档案查询制度存在的法理依据,并分析了近年来国家对该制度的逐次完善情况,明确了其应当承载的社会功能。
As the procedural system of legal system of real right, real estate registration file system belongs to the field of private law. It clarifies the real right through the examination of the main body of inquiry and the limitation of the way of inquiry, and it is its social function to maintain transaction security. At present, the censure of the real estate registration file inquiry system triggered by the events such as “roommate”, “room uncle”, “room sister” and the like, which is supported by the anti-corruption system undoubtedly misunderstood the adjustment of the system Scope and system functions. This article expounds the jurisprudential basis of the system for querying the file of real estate registration, analyzes the perfection of the system by the state in recent years, and clarifies the social functions it should carry.