Study On Legal System Of Owner's Self-management In Real-estate Management

As the accelerating of the socialistic economy in China, the real estate management has become the prosperous industry under the boosting of real estate industry, but the conflicts related to real estate management have been increased year after year and the contradictions among the owners and between the owners and the real estate managing companies have also emerged numerously. Although China has issued the Regulations of Real Estate Management in 2003, the conflicts can not be solved radically owing to various factors. This thesis is contributing to tackle conflicts on this issue and advocating establishing the legal system of real estate management in the core of owner's self-management in the goal of applying the advantages of owner's self-management to ensure owners' rights by means of references of professors of law and law enforcers' summaries. The content of the thesis is researching the current system and putting forward resolutions and there are three chapters.Chapter One introduces the real estate management, the legal relations of real estate management, the generating of real estate management and the characteristic of the rights of real estate management. The goal is to illustrate the legal characteristic of real estate management and to underpin the basis of owner's self-management.Chapter Two analyses the idea organ and the enforcing organ and researches the relation between owner's self-management and real estate management from the theory basis of owner's self-management to ensure the core position of owner's self-management in the real estate management and to provide the theory basis for the analyze of system of owner's self-management and defect of the system in China.Chapter Three is the core of the thesis. The author compares the current law conditions and the law in developed countries and areas and expounds the defects of the system of owner's self-management in China.Chapter Four proposes the thoughts on eliminating three defects and perfecting the system in aspects of definition on the owners' organization, achieving and ensuring the member's rights and valuing the owners' convention.