Legal Research On The Housing-cooperative

Housing-cooperative is a type of economic organization for satisfying residents themselves, allotting the constructed houses among cooperative members, with no purpose of making money in the form of adopting a common contributing and constructing way. The foundation of the theory lies in cooperative economic form, namely, the worker joins in consociating partnership voluntarily, exerting democratic management, taking collective occupying as a main form, with the combination of both collective occupancy together with personal occupancy.Existing extensively in the world, housing-cooperative is one of the important organized forms of cooperative economy. This mode of housing has long history of development, playing a positive role resolving residents' housing problem largely within the low-income people.Housing-cooperative is the autonomic organization that members constitute together for the same goal to realize their living rights. It shares the civil right by law, and undertakes a civil responsibility. It mainly includes characteristics like to be established by law, legal person admitting human being and not-for-profit purpose. In the aspects of organizing principles, for the sake of the advanced cooperative idea, the organization principle of housing-cooperative is induced as three aspects, namely: The independent and the autonomic principle: housing-cooperative has the independence and autonomy, free from direct leadership of the government or other organizations on the process of initial establishing, setting up a building till the management in the later period; The democratic management principle, meaning the ownership of housing-cooperative should exist in the members who receive its service, who own equal right to vote, and the equal right to manage and participate in the daily activity of the housing-cooperative; being open and voluntary principle: the voluntary enrollment and choosing their cooperative with no bias from factors like race, faith, sex, age, the identity position, etc.The idea of housing-cooperative firstly appeared in our country in 80's in last century. Because of the planned economy, the housing-cooperative of the earlier period and the modern meaning differ greatly. A lot of cases involving the housing cooperative have no value with the conclusion of its lower lever on cooperative construction and contributing construction, discussing from modern housing cooperative perspective. The lawmaking of the housing-cooperative in early days can not satisfy the needs of social development regardless of the social status and the economic development. This requests us to better the theory, providing the support for its development.System in housing-cooperative has already had 200-years history in the western and flourishing nation, mature, including a series of humanities spirit and the society value like mutual aid, democracy, equal, fair, solidify etc. There is also an advanced way of management like democratic management; integration; national support etc. All of these are worthy of our drawing on their experiences. Owing to this, the writer emphasizes to introduce"housing-cooperative group"in Germany,"the housing-cooperative association"in Norway and"the housing cooperative"in South Africa. There will be a further discussion upon the existing system dealing with housing-cooperative in our country through analyzing the above modes of housing cooperative groups.The legal person position is the problem whichever an economic entity organization has to be established first. The housing-cooperative is an independent civil being, having the independent civil qualifications, meeting the requirement of the legal person organization in our country, thus owning an independent legal person position. As for housing-cooperative belonging to what type of legal person, it has been a long time to discuss in academic circles. Through the theories of mass organization as legal person, and cooperative as legal person, combining basic theories of the civil law, it is observed the housing cooperative has a striking trait and should be put to specific enterprise legal person, no matter from nature of propriety right or democratic management. This also has forward-looking meaning to the development of the housing cooperative.In order to analyzing the regular pattern in a deeper level of housing-cooperative, the specific enterprise legal person, the writer tries to set up a complete pattern, imitating company system and analyze deeply and thoroughly the inner nature of housing cooperative from four aspects of establishment of housing cooperative, rights of its members, manage structure and the rights structure. Among them,"right of everyone"is the most striking right characteristic in the housing cooperative. Contrast to the company system, under the instruction of this kind of value principle, people become real center, and a purpose, human rights and rights of freedom therefore override the capital. Being one type of cooperative economic system, housing-cooperative realizes value principle of cooperative system more thoroughly. It embodies the justice, equality and freedom among people.The target that housing-cooperative manages is assurance of maximizing all society member's benefits, preventing executives'deviating from the proprietors'benefits. Its main characteristic is inner management of housing-cooperative through a society member conference, council, the supervisor club. According to the characteristics of the company management structure, the right structure of the housing cooperative is set up. The society member conference is the core organization of the housing cooperative. The housing cooperative is for all the society members, despite of how much one buys the shares, each of them only one right to vote. The council is the specialized operating organization, performing the resolution of the society member conference, and make collective report to the society member conference. The supervisor club will be the supervising organization, being responsible for the society member conference.The biggest challenge in the lately period are the shift from cooperative to company system, rights for everyone and responsibility problem of the cooperative. This requests examination in housing-cooperative with a new angle, putting forward a new requirement to the traditional cooperative theories. However, just like every newly arising things, housing-cooperative of the our country will also experience necessarily a process of sprout to develop to be mature. Currently, the urgent matter of the moment is to make law or specializing principles fitting housing-cooperative, regulating housing-cooperative through a legal means.