Study On Proprietorship In City Housing Estate

Proprietorship is an important legal problem in current social life. This paper is from the point of status quo of proprietorship to make an analysis from the angle of private law of civil law, by practice summarization of proprietorship both domestic and foreign countries, according to relevant laws and regulations of proprietorship in our country, proprietorship is explained comprehensively. In the process of analysis and summarization, proprietorship is demonstrated from a deeper and wider perspective, the concept of city estate autonomy is proposed, which have the important meaning to promote democracy and ruling by law.This paper is mainly divided into three parts of preface, text and conclusion.In preface, because of the development of the city, the role of city estate becomes more and more important, which is put forward in this paper. The study of proprietorship has a guiding role to promote proprietors to exercise their rights properly. At the same time of achieving civil rights, the estate autonomy can also be realized. The purpose of direction and value of proprietorship research is made clear from the beginning, the research framework based on dichotomy of state and society is put forward in this part, and ruling by law is tried to be implemented. Finally, in preface, on the basis of objective understanding, rights and obligations of proprietors shall be made clear in micro field.The text of this paper consists of five chapters.Chapter One Practical Significance of Proprietorship ResearchProprietorship is both a private law problem and a public law problem. In the process of proprietors exercising rights, civil rights are embodied, but rights exercising must be subjected to some limits. This interference and limitation embody the value of public law.The study of proprietorship cannot separate from the city estate, in this open space, because of living, the relation of rights and obligations is generated among people because of living. Only exercise rights according to law and perform the necessary obligation, can proprietors get along well with each other in harmony.The joint management of community business by proprietors in city in essence is self-government by the community, which reflects the modern democratic rights and democratic ideas. Community self government in city has a close relation with ruling by law.Chapter Two Interpretation of Proprietors is divided into three parts. The basis of proprietors, to-be proprietorship---centered around the present law;should-be proprietorship---centered around restoring civil society.In basic parts of proprietorship, we make it clear proprietorship is on the basis of buildings differentiating owenership. Buildings differentiating ownership enjoy ownership of proprietary parts, and on the basis of this to exercise mutual rights and member rights. Civil society is looked upon from the point of self government of proprietors in the city community.To-be proprietorship---Parts centered around the present law are mainly on the basis of relevant regulations of Property Law. Compared with regulations of buildings differentiating owenership in France, Japan and Hong Kong, etc. Triadic theory adopted by the legislation is made clear, i.e. the trinity of exclusive rights, common rights and member rights.To proprietorship, we shall take it into account from two problems.First is the main problem, and it is the scope of proprietors. Second is the content of proprietors. By the research of relevant regulations in rights and obligations of specific exclusive rights, common rights and member rights of the main problem. How to exercise proprietorship correctly is analyzed.Should-be proprietorship---centered around restoring civil society. This paper adopts the view that should-be proprietorship has the nature of public law, which reflects the meaning of democracy at the grassroots level. This is embodied in the autonomy of the city community, and this is embodied that community affairs governed by city community autonomously. Autonomy of city community shall not be interfered by the state easily unless great public interests are involved in.From the relevant perspective of city community and civil society, we shall take it into account that city community has great help in setting up civil society. The development of the city district completely accords with some features of civil society. Status shall be understood by the modern group perspective of proprietors, finally the idea proprietorship centered around restoring civil society is put forward explicitly, and democracy at the grassroots level is realized.Chapter Three Practice of Proprietorship is divided into two parts, i.e. proprietorship practice of other countries, regions and modern China.Proprietorship practice of other countries and regions, the idea that developing and improving buildings differentiating legal documents of proprietary rights in UK, Germany, Japan, France, Hong Kong, Singapore, etc. is adopted to look upon right protection of buildings differentiating proprietary rights.In part of proprietorship practice of contemporary China, by the arrangement of relevant law and regulations, protection differentiating proprietary rights has complete legal provisions and this can be proved. But there exists many obstacles in autonomous management of proprietor committee, the role of proprietor stipulation is further put forward.Chapter Four Proprietorship in the macro horizon can be divided into three parts, namely the state and civil society, national law and autonomy law, democracy at the grass-roots level and rule by law.In parts of the state and civil society, the relation between state and civil society is not confrontation relation. The research of the development history between the state and civil society can be explained that contents are very different at different historical stages, and the idea that benign interactive relationship between the state and civil society contributes to the stability of social order, healthy economic development, progress of democratic politics is put forward. After analyzing the basic features of civil society, proprietor autonomy in the city community with democracy in town grassroots and rural villagers'autonomy have high similarity, so autonomy of city community shall be fully embodied.In national law and autonomy law, autonomous regulation is folk law and has the function similar to that of law and regulations. From the view of law features of proprietors stipulation, the similar nature of national law and autonomous law can be analyzed and compared, at last effect problems of autonomous law are put forward.In democracy at the grassroots and rule by law, in this paper, the concept that a modern democratic, free country must take the method of ruling by law to deal with state affairs is put forward. The rule of law in its real sense, democracy is the social condition and the system basis.In restraining the state power, the proprietor group shall fully play the role of social organizations.As the democratic management in city community reflects the democratic politics at the local level, this explains that democracy at the local level has the role of two aspects.Chapter Five Proprietorship in microcosmic perspective can be divided into three parts, namely the approach of realizing collective rights, conflict of individual rights and collective rights and the realization of proprietorship.In the path part of realizing collective rights, in this paper, the proprietor committee shall be qualified as a juridical person, which contributes to exercise their rights and perform their duties under their own names. Right of renouncement of realty service enterprise shall be strengthened by owners' committee and the strengthening f this right is good for proprietors and the management of city community. Autonomy of the city community is finally put forward, and inappropriate intervention of government rights shall be limited.In the conflict of government rights and collective rights, first, representation of right conflict is listed, court decision of the court in Changning district, Shanghai is taken as an example, and the meaning of the right of revocation is made clear. Problems of loss of proprietors after the right of revocation is protected are put forward, and they are not further explained in this paper.In realizing proprietorship, two stages are in this paper, namely, the prophsase of property and owners' congress and the later stage after the foundation of owner committee. In the property management of specific community, proprietors, owners' congress and owners' committee shall adopt the method of maintaining rights. From the view of existing regulations, legislation has defects, which is bad for the real practice of proprietorship, and relevant law shall be revised. In the part of conclusion, the study of proprietorship has the realistic practical meaning. At last, autonomy of the city community has the important significance to construct civil society and promote social democracy. It has the reference value to promote ruling by law and construct a socialist and legal country.