A Study On The Legal System Of Owners' Autonomy

With the development of China’s socialist market economy,China’s urbanizationhas rapdily developed,which also led to a lot of social problems,such as the increasmentof urban’s ordinarily resident population and the shortage of landresources.Simultaneously with the further deepening of the housing system reform,amajor change happened in settlement patterns,that is in the same building inhabited byseveral families,and the synthesis of a number of residential buildings.Besides,the rightof the building is co-owned by the nationa,The collective and the citizens.Constructionsof distinguishing ownership exist around,and the management also constitutes aproblem.Though the《Property Management Regulations》makes up for this gap,but isstill not mature.This paper argues that constructions should be managed by amanagement group composed of owners,and introduces the rights-based managementbodies exist,and puts forward some ideas on the functional responsibilities andoperation of the management bodies.The paper is divided into four parts:The first part of this article will discuss some of the basic questions of thecondominium owners organization,the core of the exercise of autonomous managementof condominium ownership.To effectively play the role of the organization,it shouldclarify its legal nature,because the nature of their legal presence in the academiccommunity has been some controversy.To explore the the legal status of owners andowners of the Commission’s main focus on whether they are a legal person,havelitigation qualification or not and what their responsibility ability is.In addition,thissection explore the basic issues include the organization and set-up time of thecondominium owners organization.The second and third parts is about the internal andexternal relations on the condominium owners organization.For the purposes of internalorganization,it need to establish a sound organizational structure of autonomousorganizations,implementing agencies and oversight bodies.And establish themechanisms of oversight and decision-making of the autonomous managementorganization to better complete the duties.For external relations,we must first define theobligations of the condominium owners organization in the course of foreignrelations,and the legal status of people as well as its management services to bear.Secondly,to explore the relationship between the condominium organization andthe developer and exclusive part of the person.The fourth part explain the condominiumorganization’s mechanism to play its functions designed by the daily affairs,includingthe fund raising of the management fee;management and use of fee involves externalpayment;exercise of the right to rules of the condominium organization.In this paper,the last part proposed own view on the building differentiationownership organization legislation,mainly from the identity ownership of building legalstatus,exclusive rights and the right of common people organization.Epiloguesummarizes the views on the article,and put forward the importance of the buildingdifferentiation ownership organization on the formation of civil society.