應用電子簽章機制申辦土地登記之研究

A Study on Applying for Land Registration by Electronic Signature

就土地登記案件，目前臺灣僅有住址變更、住址更正、建物門牌整編、姓名變更、姓名更正、出生日期更正、統一編號更正得以網路線上申辦登記；就涉及不動產物權變動的登記，則不得線上申辦。有鑑於印鑑證明容易偽造，應用電子簽章機制申辦土地登記能達到真正的身分認證，且更有效率而便民。在各國紛紛逐步推行線上申辦土地登記之際，本文建議臺灣推行之初由較簡易類型著手，但資訊安全須更為加強，且須具備確認當事人真意之雙重機制。

Many countries such as Australia, the United Kingdom, the United States, Japan, and Germany were gradually introduced online application for land registration. In Taiwan, as to the review mechanism of the intention of acquisition, creation or cancellation of rights in rem of real property of the obligor of land registration, if the obligor cannot appear personally, the seal certificate is used primarily. There were no major drawbacks in the electronic signature mechanism in Taiwan, including the registration of the cancellation of mortgage applied online by the banks in the past, as well as the current simple registration cases applied online, the declaration of real estate transaction information online, the collection of the ecadastral transcript containing the cadastral data of land over the internet (including the online search of land registration data), stock trading online. In the past, part of county and city governments, in the framework of the existing legal system, planned and carried out the systems of registration of the cancellation or the creation of mortgage applied online by the banks, but it was ineffective. This study recommends that the Central Land Administration should predominate the strategy and amend the codes and regulations.