Departmental Disputes Must Not 'Tear Apart' the Real Estate Registration Regulation

2014-07-15 674 0人评论

According to a report by Economic Observer, the 'Real Estate Registration Regulation (Draft for Public Comment)' (hereinafter referred to as the 'Regulation'), which was supposed to be issued before June 30 this year, has still not been released, sparking speculation from all sectors about the reasons for the delay. It is reported that excessive disagreements emerged among the various ministries and commissions involved in the plan, causing the Regulation to fail to be submitted to the State Council on schedule.

Although the division of responsibilities among the departments involved in real estate registration has already been arranged, objections remain. Take the housing and construction department as an example: it is not only unwilling to let the national personal housing information network system be taken away, but also questions the professionalism of the land department in operating the housing information system of the housing and construction system. Although some objections are normal, they should be resolved quickly rather than delaying the issuance of the Regulation.

In fact, the various departmental disagreements can be fully resolved. The key question is whether departmental interests or public interests are given priority. If public interests are given priority, the disagreements can be easily resolved. But if each department's own interests are given priority, the disagreements will not be easy to resolve—yet that does not mean there is no way to resolve them. If all the disagreements are fully disclosed and public opinion and industry experts are involved in the discussion, with the relevant departments making mutual compromises, a satisfactory resolution will ultimately be reached.

However, because the formulation process of the Regulation is not transparent and the various disagreements are not discussed in the open, the efficiency of resolving departmental disagreements is low and the results will not be good. More worrying is that departmental disagreements have not only delayed the issuance of the Regulation and affected public confidence in it, but may also be reflected in the final Regulation, affecting the effectiveness of the system and the public interest.

It is reported that the Regulation, still in the consultation stage, is undergoing some fine-tuning, and the results of certain fine-tuning seem not to be what the public would like to see. An official from the Ministry of Land and Resources said, 'The subtle modifications show their respective interests. The scope of general registration is too broad; changing general registration to initial registration actually leaves a way out and power for their own ministry and commission.' The implication is that the fine-tuning is meant to safeguard the interests of the relevant departments.

However, while the fine-tuning of the system leaves a way out and power for the relevant departments, it is very likely to leave 'aftereffects' for the system as well. Although departmental interests and public interests are sometimes consistent, they are often inconsistent, and ultimately it is the public interest that will inevitably be affected. Therefore, the way out and power that the relevant departments may leave in the Regulation must be properly addressed, and departmental interests should not be legalized.

Obviously, any public system must defend the public interest and must never harm it. But frankly speaking, the failure of the Regulation to be issued on schedule has already affected the process and arrangements of real estate registration work. If the interests of the relevant departments are still hidden in the Regulation, the harm to the public interest will be long-term, and the consequences will be immeasurable.

To prevent departmental disagreements and departmental interests from 'tearing apart' public systems, senior leadership must demonstrate the determination to push for reform. At the same time, public oversight is also needed. At the beginning of this year, the inter-ministerial joint conference on real estate registration began operating. Regarding the current progress of the Regulation and why it has not been issued on schedule, should the relevant departments give the public an explanation?
 

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