The Inquiry And Analysis On The Residential District Owner Autonomy Group System In China

The residential district owner autonomy is the important achievement of the housing system reform in recent years in China.The organization mode of the owner autonomy group of the erection side by side of the owner general assembly and the owner committee, established by the current legislation, has many drawbacks and results in confusion in the owner autonomous legal relationships and puts the owner autonomy group system into a predicament. How to manage an agreeable owner autonomous legal relationships and how to set up a set of perfect owner autonomy group system is the problem which China must solute urgently. This paper sets out from the legal theory foundation of the formation of the owner autonomy group and the meaning of owner autonomy and the present condition of the legislation and the practice of the owner autonomy group in China, and elaborates the drawbacks of the current organization mode of the owner autonomy group in China and the reasons of the formation of the drawbacks, and try to do a reasonable choice for the law position and the organization mode of the owner autonomy group in China by drawwing lessons from the legislative examples of owner autonomy groups of various countries in the world, especially America, and combines the current legislation and the statement of the nation in China.In addition to the conclusion, this paper is divided into three chapters:ChapterⅠ: The legal theory foundation of the formation of the owner autonomy group. Firstly, this chapter carries on an analysis to the concept of building distinction ownership and points out that building distinction ownership is the legal theory foundation of the formation of the owner autonomy group; Then, this chapter analyses the meaning of owner autonomy and points out that owner autonomy studied in this paper is the owner autonomy in the narrow sense, namely the owner group autonomy; Finally, this chapter clarifies that owner autonomy in essence belongs to the category of private law autonomy, and points out that"the owner management by themselvies"does not equal"owner autonomy"and should also peg out the major and the minor relationship between"owner autonomy"and"realty service".ChapterⅡ: The predicament of the owner autonomy group system in China and the reasons of the formation of the predicament. Firstly, this chapter sets out from the present legislative condition of the owner autonomy group in China, and points out that the legislation in China has been getting around the question of the law property and the law position of the owner autonomy group and that according to the current legislation, the owner general assembly and the owner committee can become defendants in the inner litigious right mechanism , but they can not become plaintiffs, while the outer litigious right mechanism of the owner general assembly and the owner committee still shows blank; Then, this chapter introduces the present practice condition of the owner autonomy group in China, and firstly introduces the judicial practice concerning that whether the owner committee has the position of a subject of action, then inquires into that whether the owner committee has the position of a subject of civil affairs, and points out that the owner committee is neither a mass organization as legal person nor an other organization and the owner committee does not have the qualification of a subject of action and it is not entitled to signing outward the realty service contract by its own name either, and the conclusion is that the owner committee has already sunk deeply into an embarrassed position in spite of being in the law level or in the practice realm, and it means that the owner autonomy group system in China has sunk into a predicament; Finally, this chapter analyses that the owner autonomy group system has sunk into a predicament in China because the legislation in China lacks the concept of the owner autonomy group and the law position of the owner autonomy group is hard to make sure.ChapterⅢ: The law position of the owner autonomy group and the assumption of the organization mode of the owner autonomy group in China. Firstly, this chapter introduces the legislative modes of owner autonomy groups within the scope of the world and points out that the owner autonomy group being regarded as a legal person has become the basic current of the legislation and the practical affairs of every country and every region nowadays; Then, this chapter launches the study of the law position of the owner autonomy group, and points out that the owner autonomy group in China must be classified as an"unincorporated society"and as an"other organization"legally; Finally, this chapter draws lessons from the legislative examples of owner autonomy groups of various countries in the world, especially America, and combines the current legislation and the statement of the nation in China and according to the constitution of the company organization mode, puts forward an assumption that the owner general assembly as the owner autonomy group constitutes a policy-making body -- the meeting of the owner general assembly, an enforcement body -- the owner committee and a supervisory body -- the board of supervisors of the owner.