Research On The Legal Problems Of Owner's Self-ruling In Urban Residential Area

As the multi-floor building and new urban residential areas have emerged, residential quarters became increasingly important. IS the owner of the property owners, as well as the main activities of the owner self-ruling. Therefore, it is of vital importance to set up and develop complete and perfect owner self-ruling legal system for property management and harmonious society, "The Property law" and "The Property Management Regulations" which basically had set up a fundamental frame for the owners' self-rule, but there is some questions.As for the formation of the owner's self-rule organization, The main defect of the current design lies in the lack of a uniform organization which can represent the benefits of all owners in a residence area, because both the current owner's conference and the owner's Committee don't have the qualifications to represent all owners. Using other country's(region's) experience for reference, we should establish owner' society in China. .As for the mode choosing of the owner society, the mode with legal person's qualification meets more of our current needs. After the owner's society established, the owner's conference and the owner's Committee become the internal organizations of the Owner's society, the owner's Conference and the Owner's Committee. The owner's Conference is the internal decision-making organization of the owner's Society, so all of the decision-making rights of the owner's Society on important issues belong to the owner's Society. The Management covenant is the constitution for the owner's self-rule, the most fundamental self-rule measure, the supplement to the laws and regulations, and the guarantee for the smooth progress of the estate management. It is most reasonable to deem Management covenant as self-rule rules.In short, in the process of owner's self-ruling in China, the owners have a weak sense of self-government, the laws and regulations on Owner's self-ruling are not detailed and lack of operability , there is lack of relevant provisions on owner' society, the legal status of institutions of self- ruling is not clear and it's operation is less standardized, the authority and operability of management covenant are not strong ,and the role of the government in the process of self-government owners is dislocated. Therefore, in future legislation and practice, the owners should strengthen awareness of self- ruling, the laws on Divided Propriety of building should be enacted and enhance the operability of law, the system of owners' society should be established and the owners' society should have legal personality, the legal status of Owner's self-ruling organization should be clear, the relationship between the organizations should be straightened out, the establishment of management covenant should be improved and its role be highlighted, and the government should play the role properly in the process of owners' self- ruling.