The Research Of The Legal System About Prperty Owners' Association

The Paper is compiled in the aim of clearly defining legal nature of the owner's self-governing organization as well as the internal and external legal relationship under distinguished property system of buildings, in order to complete the significant change for transfer of modern property management from"centered around property service enterprise"to"centered around the owner's self-governing organization".The first chapter starts from the analysis on distinguished property of buildings. Since the modern buildings can be divided into the proprietary part and common part in terms of physical structure, one new kind of composite property right—distinguished property of buildings is therefore generated. It is held by modern law theory that distinguished property of buildings consists of the proprietary ownership, common ownership of common part and membership right of common part. In order to correctly and comprehensively smooth common relationship between owners of distinguished property of buildings, and master overall trend for the owner's self-governing legislation, it is the most important to understand the membership right integrating property nature and person-law nature, and combining the rights and obligations, instead of the other two property rights.The second chapter starts from the analysis on the problem and cause of the owner's self-governing organization. Major problems exist in the system of the owner's self-governing organization in our country are detailed as follows: firstly, the confusion of organization structure and operation mode, which confuses internal management authority of the owner's self-governing organization with the owner's self-governing organization itself, confuses the representative relationship with the agent relationship of the owner's committee, and the lack of right balance as well as supervisory and restrictive mechanism prevent the owner's self-governing organization from operating and implementing its functions on a scientific, effective and safe basis. Secondly, indefinite legal position of the owner's self-governing organization. Personality struggle of the owner's self-governing organization lasts for a long history, but it is really strange that legislation in our country always shuns this issue. In the theory circle and judicatory practices, it is commonly recognized by our country that the owner's self-governing organization is the consortium with no capacity for rights, but shall have partial capacity for litigation right in litigation laws and can become principal of litigation however, this does not only cause the situation for conflict of substantive law and procedure law to separate capacity for civil rights from capacity for litigation right, but also impose difficulty on guaranteeing and reflecting the owner's self government in property management. Thirdly, capital of the owner's self-governing organization is hard to be supported. Normal operation of one organization cannot be separated from the element of money property. However, due to lack of complete financial system and expense contribution system for the owner's self-governing organization, operation quality of the owner's self-governing organization is comparatively poor.The third chapter starts from completion and perfection for system construction of the owner's self-governing organization. Express the features of organization sodality, non-profitability of operation objectives and membership of legal responsibilities based on meaning of the owner's self-governing organization, propose the concept of membership orientation, in the principle of"balance between efficiency and security"and"coordination between market operation and administrative management", clarify the legal position, smooth the legal relationship, complete the restrictive mechanism, enhance the legal responsibility, gradually promote the basic concept for market orientation and construction of self-governing system, and adopt various measures to guarantee implementation of the basic concept.