Legal Protection Of The Rights Of Property Owners In The Property Disputes

Property management industry in Western developed countries and regions has been a century of history, but in China it is still an emerging industry .With the constant development of the socialism market economy in our country ,urban construction level enhances unceasingly, in the course of commercialization of housing and residential construction of community , the status of Property management services industry continue to rise, had display its importance more and more. However, the relevant laws and regulations in China are not perfect, at the same time Property management companies lack professional and service concepts, coupled with poor awareness of the owners rights. These conditions led to confusions and violations because of the shortcomings of the existing management are endless. Along with the rapid developments of Property management industry in China, a large number of violations of the rights of property owners and property disputes also continuous generation.In view of this, this academic papers divided into three parts. The following three parts to owners of property rights disputes and security were studied:The first part,the author defined the rights of Property owners and Property disputes. The first point the author introduced the implication and the content of the rights of Property owners. The rights of Property owners are composite that combined of various rights, including of the ownership rights and the associated rights of the housing and the property . The rights of Property owners include three categories: first, the Property owners have proprietary ownership rights on the proprietary part of the building; second, the Property owners have total ownership rights on the whole building; third, the Property owners have membership rights based on all relationships condominium. The second point, the author analysis and describe the associated rights with the Property owners' rights. The rights of Property owners and the ownership rights, the easement rights in the Traditional civil law are all different but related. The third point, the author explained the concept of the Property management and its legal nature and its character. Property management is an activity including of Property services companies selection, Property services contract signed and Property companies maintain and manage, maintenate for the buildings and the complementary facilities. Property management has many natures such as entrepreneurial, contractual, paid and service. The finally point, the author introduced the type of Property disputes in the Property management process , including of disputing against class, hazard class of disputes and other types of disputes.In the second part, the author described the types of behavior in violation. In our daily life, acts of violation on the rights of Property owners can be divided into two categories: first is the act of infringement of the rights of property owners, including of the violation of the property owners' ownership rights and the use rights, the usufruct rights . The second category is the violation of the membership rights of the property owners, including of the violations of the management rights of the property owners such as the Committee election, the violation of the participate rights in the decision procedure, the violation of the owners' rights to know, the rights of supervision and the rights of action.In the third part, the author discussed the protection of the property owners' rights of the existing system deficiencies and how it should be perfect. First the author introduced the protecting rights of the property owners in Chinese current laws and regulations including of"the Constitution","Civil Law","Contract Law","Property Law", "Property Management Regulations"."Constitution","Civil Law","Contract Law" and other provisions of the law in principle to some extent, played a role in preventing the legal loopholes, "Property Law", "Property Management Regulations" special provisions for the rights of the ownersmore detailed. In addition, relevant State Council departments and local governments to develop rules and regulations play a complementary and supporting role. Second, the author analyzed the defects of the current legal system on protecting the property owners' rights .Although in recent years enacted laws, regulations and legislations had achieved a major and they breakthrough in Property management, Property management had put on a standardized way. However, in practice, found that due to the lack of specific rules for the operation, the Property disputes often can accordance with no legislations. For the operation and the convening of the Property Owners' Congress, the problem of the legal status of the Property Owners' Committee, the validity of the Property Owners' General Assembly resolutions and the issue of the Property Management public bidding system, the author made recommendations. Finally, the author analysed the approaches to protect the rights of property owners in the current litigation system and the way to improve the defects. In 2009, the Supreme People's Court promulgated the "On the trial of building differentiation ownership disputes the concrete application of law in the explanation of some issues" and "On the trial of realty service disputes the concrete application of law in the explanation of some issues" two judicial interpretation. These two judicial interpretation of a more comprehensive protection of the rights of the owners, but in practice there are still some defects on the owner of tort litigation system. In the Minority Owner Special Negative Right System, the author proposed increases in minority owner of participating in the meeting when the owners' congress to strengthen the statements rights, protect the rights of minority owners. For the Owner Cancellation Right System,the author start from the plaintiff and defendant and the legal status,the cause for cancellation,the owner the litigant expenses revoke assume, the owner of the revocation lawsuit filed on time and the legal validity,analysis the defects in the system and proposed the approaches to the right of revocation system from the plaintiff accused subject and legal status of the cause for cancellation the litigant expenses owners revoked and owner of bear mention lawsuit of aging effectiveness cancellation, analyzes several problems to the defects in the system, and puts forward the solution to the problem.