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Zhang meihui: blockchain technology and real estate registration information sharing: value and approach

Time : 24/06/2022 Author : 1f9qpr Click : + -
        Real estate registration information has not been fully shared among departments in China. In order to improve the efficiency of registration and query, we must break the "data island" and realize the full circulation of registration data. The blockchain technology has the technical characteristics of traceability, non tampering and multi-party participation, and has a good coupling with the requirements of the real estate registration information sharing mechanism. The application of the blockchain technology to the real estate information sharing will help improve the information acquisition efficiency of the market participants and save the trust cost. Under the current situation in China, various departments and regions have adopted the "alliance chain" method to create a real estate information sharing blockchain, and the smart contract and the "common ticket mechanism" are the development routes for automatic execution and data sharing of real estate transactions in the future.
        Real estate registration is an important field related to the national economy and the people's livelihood. China has begun to implement a unified real estate registration system. However, there are still problems such as long-time and difficult handling of real estate registration. In February 2019, the general office of the State Council issued the notice on reducing the processing time of real estate registration (GBF [2019] No. 8), which requires to promote the sharing and integration mechanism of real estate registration information, reduce the processing time of registration applicants through inter departmental background data sharing, and facilitate enterprises and the masses to handle business.
        In May 2020, the Ministry of natural resources, the State Administration of Taxation and the China Banking and Insurance Regulatory Commission jointly issued the opinions on promoting the "Internet + real estate registration" to facilitate enterprises and the masses to handle affairs (ZZF [2020] No. 83), further requiring cities at and above the prefecture level and eligible counties and cities across the country to realize the cooperation between business processing departments, business processing departments and real estate development enterprises The exchange of real estate registration information between housing brokerage agencies, the implementation of online unified application, centralized acceptance and self-service inquiry, and the realization of "more data and less people". Under the background of China's gradual promotion of the unified real estate registration process, the sharing of real estate data between government departments and market entities has become a general trend.
        Facing the real demand of data sharing, how should science and technology break the "data island" and realize the sharing and smooth flow of real estate registration data? One possible solution is to apply blockchain technology in the field of real estate registration. Since the publication of bitcoin white paper in 2008, blockchain technology has been in the ascendant. Its characteristics of high efficiency, non tamperability, traceability and real-time change make this new technology naturally have great advantages in cryptocurrency, Internet of things, intelligent manufacturing, supply chain management, digital asset trading and other fields. The real estate registration field with strong demand for big data is also one of the directions for blockchain technology to explore future application prospects.
        The needs of the new era also need to be responded to by the rule of law. At present, some local governments in China have begun to explore how to creatively apply blockchain technology in the field of real estate registration and promote the sharing of real estate registration information among government departments. In February 2020, Beijing launched the "Internet + real estate registration" platform based on blockchain technology to promote the trusted sharing of relevant data between government departments and assist residents to simplify the real estate registration process; Loudi City, Hunan Province has also launched the real estate block chain information sharing platform, and issued the real estate block chain electronic certificate to the obligee. Strengthening the sharing of real estate registration data can not only improve the efficiency of registration institutions and enhance the people's "sense of access", but also help statistical institutions to grasp more comprehensive real estate related data in real time and strengthen the digital governance of the real estate market.
        Under the special background of COVID-19, it realizes the digitization of real estate registration information management and query, reduces the need for offline gathering and handling business, and has certain epidemic prevention and public health value. This may be an opportunity for the popularization of blockchain technology. Data sharing is not achieved overnight, and data sharing in the field of real estate transactions is still at the initial stage of exploration. As a new thing, blockchain technology needs to be discussed in terms of technical framework and legal feasibility if it is to be applied to the field of real estate registration that traditionally adopts "centralized large-scale database". This paper will carry out research from the following aspects: first, it briefly describes the significance of real estate registration information sharing and the challenges of realizing information sharing; secondly, it analyzes the coupling of the blockchain technology in realizing the real estate registration needs; on this basis, it analyzes how the real estate registration information sharing mechanism should choose the architecture mode of the blockchain, and analyzes the advantages of the blockchain in information sharing, Finally, based on the reality of the application of blockchain technology in the field of real estate registration information sharing, suggestions are put forward for further technological development paths in the future.
        2、 Real estate registration information sharing: significance and challenges. At present, the main administrative regulations applied to real estate registration in China are the latest revised Provisional Regulations on real estate registration in 2019. The fourth chapter is entitled "sharing and protection of registration information", which has initially established the basic framework of China's real estate registration information sharing system. The contents include: establishing a national unified basic platform for real estate registration information management to realize real-time sharing of registration information at the national, provincial, municipal and county levels; Real time sharing of approval information and transaction information between real estate registration management departments and other administrative departments; Confidentiality requirements for real estate registration information; The obligee, interested parties and relevant state organs have the right to inquire about the real estate registration data.
        It can be seen that the real estate registration information sharing mechanism needs to meet two needs, one is the social demand for real estate registration information, and the other is the demand for real estate registration information sharing between government departments and market entities. These two demands have clear practical value. The sharing of real estate registration data first means the reliable sharing of registration data among the real estate obligee, the transaction counterpart and the third party stakeholders. It is mainly realized by ensuring the query demand. Its effect lies in "confirming the right", that is, clarifying the ownership of real estate rights, enhancing the trust between the transaction parties and improving the transaction efficiency. Specifically, before the conclusion of the contract with the real estate as the object, the opposite party must know the ownership status in advance, and judge whether there is judicial freezing, effective mortgage or other co owners on the real estate, so as to avoid the uncertainty of ownership caused by potential disputes.
        In an acquaintance society, such information can be obtained through interpersonal relationships. However, in a stranger society with rapid economic development and complicated personnel circulation, interpersonal trust is inevitably replaced by regular trust. The trust mechanism of stranger society is generally realized through a reliable third-party institution. In the public offering of securities, this role is assumed by underwriters and recommendation agencies; In real estate transactions, the registration institution is responsible for providing a trust mechanism. Under the current legal system of real estate registration in China, the opposite party and the third party can fully trust the information publicized by the registration institution, and the register has the final evidential force, that is, the so-called "public trust effect". In this sense, on the premise that the real estate registration system achieves information standardization, high reliability and comprehensive coverage, the registration data actually belongs to a "public good" and is an integral part of the credit mechanism.
        Whether the registration data is accurate and easy to query is related to whether the property rights of the whole society are clear. The relevant research of new institutional economics has proved that the degree of economic development and property rights. The clarity of genus was positively correlated. "Registering property" is also an important evaluation factor for the world bank to evaluate the business environment of various countries. Among them, the reliability and availability of real estate registration data are important judgment indicators. Whether the format of the real estate registration book and certificate is clear, not easy to be altered, the level of database management, and whether the relevant information of the public handling registration procedures and querying the registration data is open and transparent will greatly affect the efficiency and transaction cost of enterprises engaged in commercial activities.
        The sharing of real estate registration data also means that relevant departments share the relevant information of real estate and its owners stored in the database and apply it to specific administrative actions and government decisions. "Real estate registration information sharing" covers not only the information related to the ownership and change of real property, but also the personal information, work information and real property ownership information of the obligee. The sharing of existing data among relevant departments can reduce the submission requirements and review time of application materials for registration, automatically handle the registration formalities according to the information stored in the system, improve the efficiency of the registration institution in handling the real estate registration, and reduce the handling costs of residents and enterprises.
        On the other hand, the exchange and sharing of real estate registration data between registration institutions and other relevant departments will also help improve the administrative efficiency of the government. Since real name registration is adopted for real estate, it is necessary to verify identity and pay deed tax. The sharing of real estate registration information helps government departments to improve administrative efficiency in public security, finance, taxation, financial supervision, anti money laundering and other fields by tracking real estate transaction information in real time; The judicial organ can also grasp the real estate information under the name of the person subject to execution through the real estate registration information sharing platform, timely execute the court judgment and avoid the person subject to execution from transferring property. From a broader perspective, sharing real estate registration information is also a scientific and technological approach to strengthen government governance through big data.
        The property right status of real estate can reflect the regional economic development status and the level of residents' consumption power. However, it is not enough to realize the fine management of data only by relying on the annual, monthly, year-on-year and month on month data. If the system can share complete and reliable real estate transaction history and realize the real estate value evaluation to be accurate to each house, the statistics department can integrate the real-time data held by various departments, Provide more accurate data support for government decision-making and enhance the effectiveness of "government digital governance". However, China's current real estate registration system has not fully played the above-mentioned role of information sharing, which is mainly constrained by the following aspects. First of all, at present, China has only initially built a basic platform for real estate registration information management to integrate and integrate the registration data scattered in various departments. However, China has only gradually promoted the implementation of the real estate registration system since 2015, which means that only the real estate traded after 2015 has been included in the system, only the incremental data has been included in the scope of information statistics, Moreover, the data are scattered in various departments previously responsible for registering various types of real estate, so it is difficult to collect data.
        Second, there are obvious differences in the informatization level of real estate registration between different regions, and the overall informatization level is still obviously unbalanced. The informatization of real estate registration in developed coastal areas such as Beijing and Shanghai is far higher than that in economically underdeveloped areas. The standards and formats of registration data in various regions are not completely consistent, and it is difficult for the database to fully interact in real time. Third, in areas where automatic data comparison and system intelligent examination and approval of registration applications have not yet been implemented, real estate mortgage registration still relies on staff to manually verify the property right certificate and manually input the property right information. In addition to consuming a lot of human resources, it can not rule out the possibility of registration errors, intentional false registration or even deliberate tampering with the register.
        In fact, since the implementation of the unified registration of real estate in 2015, the registration institutions in various regions still have such illegal acts as abusing their power to forge false registration materials, deliberately misregistering, and disclosing registration information. Fourth, the registration information is stored on centralized electronic media and even paper media, which weakens the convenience of sharing registration data among multiple government departments. Various data interaction needs often rely on manual query and processing by staff, affecting the monitoring level of registration institutions on big data. Finally, there is insufficient incentive mechanism for sharing data among departments, and the value of data assets related to real estate registration is unclear. The data sharing among various departments may be "superficial", and the data has not yet given full play to its economic value.
        The blockchain technology originated from bitcoin: a point-to-point digital currency system signed by "Nakamoto Tsung" in 2008. In essence, it is an information recording mechanism based on "distributed ledger" technology. The blockchain has the so-called "decentralization" feature. The data is stored on a number of distributed computers ("nodes"). When the data recorded by any node changes and updates, the records of other nodes will also be updated automatically. In order to ensure the consistency and validity of data between nodes, the blockchain uses consensus algorithm to achieve consensus on the data recorded by each node, so as to ensure that only real data is recorded on the blockchain and all participants can trust the information on the blockchain.
        The blocks on the blockchain are connected with each other by means of cryptological proof. After tampering with one of the blocks, the tamperer must tamper with the subsequent blocks. Since the cost of tampering may far exceed the gains, the blockchain has the characteristics of being difficult to tamper with; And since every change of data is stored on the blockchain, the data recorded through the blockchain has clear traceability. Due to its advantages of decentralization, tamper proof and traceability, blockchain technology is considered to be a breakthrough in traditional trust mechanism based on reputation and government credit. Bitcoin, which omits the currency issuer, is a typical scenario of decentralized application of blockchain technology.
        In other industries with massive data, real-time changes in data, high difficulty in reconciliation, and full trust of all parties in data & mdash& mdash; In such fields as traceability management of agricultural products, power resource cost settlement, Internet of things, etc., blockchain technology can often play a good role. For example, in August 2017, Delaware passed a legal amendment to the Delaware company law, allowing closed-end companies registered in Delaware to use distributed Book Technology to register share trading records and shareholder identities. In the traditional mode, the company's share transaction record information is registered and maintained by the company's manpower. At the same time, it is difficult to avoid errors in the manual registration process. It is difficult to accurately count the number of shareholders voting and the shareholding ratio in the event that shareholders need to vote.
        Blockchain technology can record any shareholding changes and voting results in real time and reach consensus among nodes through distributed account book technology, which greatly improves the certainty of exercise results. This is a typical application case of blockchain technology in the legal field. In the field of real estate registration, can the technical features of the blockchain serve the needs of registration institutions, government departments and obligees? Ideally, the real estate registration information should be clear and accurate, not easy to tamper with, the data should be stored safely and easy to query at any time, and the data should be stored in a standardized format for easy sharing and exchange. Can the blockchain realize these functions? According to the research of Dutch scholar Jacques Vos, the main technical advantages of blockchain technology when applied to real estate registration are as follows:.
        1. Shared database. Blockchain is essentially a shared database between users. All contents can be copied to multiple databases and can be accessed by multiple users. This is different from the traditional centralized information storage mode. In the past, registration institutions usually only used a single server to store registration information. At most, the backup system is updated regularly for data security. Once the server is damaged, data may be lost
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