The Difficult Problem And Breaking Of Exercising The District Property-rights Together

The property-rights of the district is a new developing rights, it is all the owners in the house property district co-owned the right of use and income to the public product in the district. The flow ability of the property-rights of the district makes it difficult to exercise the right. On one hand, because of the flow ability of the owner, they do not pay close attention to the future of the district, the future profits of investing and managing the district lack appeal to the owners, the motive force of exercising the right is insufficient, and numerous owners have caused the difficult problem of the collective action. On the other hand, the public products in the district are in the dynamic change, the difficult problem of public products offering lead the exercising of right to facing obstacle.Then, how to exercise the property-rights of the district together with better quality? The existing research shows that we should strengthen the legislation, place the hope on the issue in concrete legal rules and regulations such as the estate management law, real right law. It emphasize that we should set up a set of effectual owner's autonomy systems, the owner should joints the management to district together, prevent the district from owning the "free-rider" outside question of the property in common.The text analyzes the problem existing in the estate management at present in terms of economics, carry on the economics analysis of the property right of the questions of the property right of the district and corresponding problem of management. Explain the question in district property-rights exercise and estate management at present, recommend foreign advanced district property-rights exercise the implementation experience of the system at the same time, use property right economics, collective action logic, right exercise cost - income analyze tool go on theory analyze to district property-rights, analyze in depth all sorts of obstacles that the owner faces while exercising the property-rights of district.The basic conclusion is that owner committee mode and property management mode are the two basic choices to breaking through the difficult problem of the property-rights of the district exercising. But it chooses the middle road now in China: the mode of "owner + estate management", the mode requires the condition more abundant and the construction system more complicated. And in the present stage, the residents lack public consciousness generally, the owner's committee is difficult to product. On the contrary, it makes the estate management company sacrificing, occupying the owner's rights and interests become the outstanding problem. So for China at the present stage, the controlled strictly property management mode is a better choice. Then on this basis, it should carry out the transition to the mode of owner's committee gradually.According to the judgements that described in the preceding paragraphs, the text put forward relevant policy and suggestion external experience from raising the owner validity of autonomy and improving the district estate management.