Owners Of Disputes Over The Right Type And Settlement Mechanism Study

In our state, community proprietor rights always lack of efficient and effective protections from legislations and regulations. Though the recent legislation of real rights prescribed categorized ownership of apartment house, its content is too simple and general. After going through systems in other states and regions, it was found that these states and regions paid much more attention to proprietor rights and categorized ownership of apartment house. In Germany, the United States, Japan and France, full-developed mechanisms for protecting proprietor rights have been achieved.Systematical research, empirical analysis, comparative study and actual cases of theory were used as research method in this article, which also used research methods and achievements from Jurisprudence, Sociology, Economics and Politic as references. Firstly, the article provided systematical interpretation and definition about types of conflicts of proprietor rights, based upon which, preliminary analysis about causes of conflicts of proprietor rights was made from perspectives of inadequate legislations for proprietor rights, asymmetry of power distribution, unbalance of benefit allocation, sense and morality differences of subjects. Then aiming at typical problems of debatable conflicts of proprietor rights on theories and practices, and combined with recently released regulations of Law of Real Right, it pointed out drawbacks of nowadays legislations by explanation and analysis about related cases. Based upon that, and combined with related theories and studies, it pointed out several concrete and pertinent thoughts for resolution. Finally, the article tried to offer recommendation and suggestions for resolving conflicts of proprietor rights from dimensions of law theories and systems.This article includes four parts: Chapter 1, description on types of conflicts of proprietor rights, which includes description of proprietor rights, related subjects of proprietor rights, and main types of conflict of proprietor rights. Chapter 2 is about analysis of causes of conflicts of proprietor rights, which includes deficiency of legislation, asymmetry of power distribution, unbalance of benefit allocation, and sense and morality differences of subjects. Chapter 3 was talking about several problems about conflicts of proprietor rights, including controversies of exclusive part, ownership of parking lot, rights of membership and conflicts in community service. Chapter 4 provides tragedies for resolving conflicts of proprietor rights, which points out the author's opinion about improving proprietor rights system, developing sense of protection of private rights, and proper intervention of administrational power.