Research On The Legal Problems Of Owner's Self-ruling In Property Management

Property management, as a burgeoning industry, comes forthgradually along with the reformation of the housing system and thedevelopment of the real estate, its appearance is necessary. In theproperty management, the proprietary rights belong to the owners, whoare in the center and first position of it. The owner's self-ruling shouldbe very important part in the property management.Although the Property Management Regulations issued by the statecouncil on May 28, 2003 sets up the owner self-ruling system, theseregulations are comparatively cursory, material operations are quitefeebleness, it has a long way to reach really perfect owner self-rulingsystem, Compare with the regulations, the Real Right Law of thePeople's Republic of China issued by the national people's congress onMarch 16, 2007, have definite advanced on legislation, which onprinciple of sticking up for private rights, and pay attention toemphasize the right of owners and regulate the behave of owners, it is aeffective makeup for our legislations of property management. However,due to the view of property management is not mature in our country,about the question of the owner self-ruling organization manageproperty, the connection between the owner and the owner self-rulingorganization, the government department, the property management corporation, whether in theory or in practice, all need more clearly.Accordingly, the paper starts from the basal theory of our actualowner's self-ruling system, through analyzing deeply and minutely thedevelopment of the all owner's self-ruling organizations, include thelegal status of the owner, the owner's conference and the owner'scommittee, their function and correlation, take apart problems whichconsisted in our current owner self-ruling system. And analyze thelegislation of owner's self-ruling in other countries, the author hopes togive some suggestions about how to perfect our owner's self-rulingsystem.The paper use history research method, law sociological method andcompare analytical method to analyze and expatiate owner' self-rulingorganizations. On base of generalizing owner' self-ruling's meaning andcorrelative theories, through studying the legislations of our currentowner' self-ruling organizations, it excavates the develop status of allowner' self-ruling organizations, besides, through compare analyzingthe other countries' legislations about owner' self-ruling organizations,it summarizes the disfigurements of our owner' self-ruling and someaspects.The innovation of this paper mostly describe the follow, first, it candeep step by step, from phenomena to essence, from simple to complexto analyze the actuality of our current owner's self-ruling organizations,the problems happened in practice, and construe the legislativedisfigurement and lacuna about our owner's self-ruling system; then, thepaper can summarize the other countries and areas' experiences andcombine the practice to bring some mind to develop the industry ofproperty management, the last but not the least, the new Real Right Lawrun through the whole paper, compare previous legislations about the property management, it summarize the lawmaking betterment of thelegislation about the owner's self-ruling system.The paper consists of preface, text and conclusion, thereinto thetext include four chapters. The first chapter mainly introduces the basictheories of owner's self-ruling system, include conception of owner'sself-ruling, expatiation of the property right foundation of owner'sself-ruling and the contract foundation of owner's self-ruling. Thesecond chapter chiefly analyzes the current legislations about owner'sself-ruling, mainly aim at the legal status of owner self-rulingorganizations, their function and correlation, and the problems occurredin practice and the disfigurement existed in our owner's self-rulingsystem. The third chapter tries hard to analyze the legislations ofowner's self-ruling system in other countries and areas, such asHongkong, Taiwan and Japan. The fourth chapter desirous to perfect ourcurrent owner's self-ruling system, analyzes the novelty about thelegislations of the real right law about owner's self-ruling, uses theadvanced experiences in other countries and areas for reference torebuild our current owner self-ruling organizations, and gives somesuggestions about the supervise system of owner's self-ruling.