Since the founding of New China, China's real estate ownership registration has gone through the following stages:
In the first stage (1949-1955), public ownership and private ownership coexist. For the management and distribution of public real estate, private real estate is still allowed to buy and sell, but it must be registered with the government real estate management agency and issue a real estate certificate.
The second stage (1956-1965) is the stage of ownership by the whole people and collective ownership. The private ownership of land and houses will be gradually transformed into collective ownership through socialist transformation, and ownership registration will no longer be carried out.
In the third stage (1966-1978), the registration of real estate ownership came to a complete standstill.
The fourth stage (since the reform and opening up) is the legal system construction and innovative development. 1982 The Interim Provisions of the State Urban Construction Administration on the Registration and Management of Urban (Town) Real Estate Ownership was promulgated, which reopened the registration of real estate ownership. In the following years, Regulations on the Administration of Urban Private Houses, Measures for the Administration of Urban House Ownership Registration, Measures for the Administration of Land, Law on the Administration of Urban Real Estate, Law on Property Rights, etc. were successively formulated and promulgated, and China's real estate ownership registration system became more and more standardized and legal.
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Related case "Does the man hold 1952 real estate license to discuss the cave dwelling? Sue the government for losing.
Liu Zhanrong has 1952 Land and Property Ownership Certificate and Zhengqi Line, as well as a House and Kiln Certificate in the Shaanxi-Gansu-Ningxia Border Region, but the owner of the three holes has already changed. The fact that Yan 'an ancestors left three-hole caves has become a heart disease for Liu Zhanrong's family. Every time I talk about it, everyone can't help but regret or complain.
On February 22nd, 20 10, Liu Zhanrong filed a complaint with the Baota District People's Court of Yan 'an City, suing the Yan 'an Municipal People's Government, its legal representative and mayor Liang Hongxian, arguing that the property right certificates issued by the Yan 'an Municipal People's Government to Liu Baoshan descendants and other households violated the rights of Liu Zhanrong, a descendant of Liu Deben, and demanded that the relevant property right certificates issued before be revoked.
20 1 1 In August, the Baota District People's Court of Yan 'an made a judgment of first instance, revoking the real estate license issued by the Yan 'an Municipal People's Government to Liu Baoshan and others, and bearing the administrative litigation costs of this case. The court staff told Liu Zhanrong that only by revoking the original land use certificate can the land management department reconfirm the Liu family's ownership and inheritance rights to this property.
But soon, the lawyer told Liu Zhanrong that the Yan 'an Municipal People's Government had appealed. 20 1 1 10, Yan' an intermediate people's court made an administrative ruling on this case, holding that the first-instance judgment "found the facts unclear, the evidence was insufficient, and the law was inappropriately applied", demanding that the first-instance judgment be revoked and the case be sent back for retrial.
20 12 in April, the people's court of Baota District of Yan 'an made a retrial judgment, and Liu Zhanrong lost the case. The reason is that Liu Zhanrong's claim has exceeded the limitation of action.
On July 20 12, Yan 'an Intermediate People's Court made an administrative ruling: the appeal was rejected and the original judgment was upheld.
On the third day after receiving the ruling of the Intermediate People's Court, Liu Zhanrong, who refused to accept the ruling, submitted an appeal to the Higher People's Court of Shaanxi Province, asking the Provincial High Court to intervene in the trial of the case. Three months later, he received a legal document, which he thought was a notice from the Provincial High Court, but when he opened the envelope, he was dumbfounded. It contained the Notice of Rejection of Appeal from Yan 'an Intermediate People's Court. The notice held that the administrative ruling made by Yan 'an Intermediate People's Court was correct and Liu Zhanrong's cause of action was not established, so it was "rejected according to law".
Both the Yan 'an Intermediate People's Court and the Baota District Court declined the reporter's interview on the grounds that the judgment was based on the judgment. Yong Yang, director of Shinan Branch of Yan 'an Land and Resources Bureau, replied to the reporter that the real estate license in the 1950s can only be used as a reference. He said that in the early 1980s, the state confirmed the real estate, but the descendants of the Liu family did not raise any objection to this, so the Liu family's real estate was treated as public property.
People's Daily Online-The man held the 1952 real estate license to beg for the cave, but failed to sue the government for losing the case.