Research On Legal Problems Of The Owners Autonomy—Take

"Property Law" cleared the distinction of ownership between the building owners and established the basis of owner autonomy and "Property Management Regulations" and "Regulations of the Owner’s Meeting and the Owner’s Committee" refine owner’s autonomous rights, which indicate that China has included the owner autonomy into the orbit of legalization and standardization.However, there are many problems in the process of owner autonomy, such as the legal status and nature of the owner’s assembly meeting and the owner’s committee is not clear, the owner’s assembly meeting and the owner’s committee are hard to be founded, the members of owner’s committee abuse of power for personal interest and often suffer violence harm, the effect of owner’s convention is little and so on. All of these make owner’s legitimate rights and interest hard to be protected and even impede the development of owner autonomy.Except for the week realization of owner autonomy and low autonomous ability, the most important factor of causing those problems is the unsound law. Therefore, following advices should be noted in amending laws:introduce the concept of owner’s autonomous group and cleared its qualification of civil subject, which is good for distinguish the legal relationship among the owner’s autonomous group, the owner’s assembly meeting and the owner’s committee; through stipulating the legal obligation of developers opening the first owner’s meeting and the legal liability of not opening, decreasing the condition of opening the first owner’s meeting, the minimum number of participants of meeting and proportion of passing resolutions and so on to promote owners to exercise their rights to open the first owner’s meeting timely and set up the owner’s assembly meeting and the owner’s committee; through refining the qualifications of members of the owner’s committee, enhancing members’ideological and moral qualities and professional quality, improving the internal and external supervision mechanism and safeguard mechanism of the owner’s committee to promote it to serve the owners better; through improving the owner’s convention in formulation、amendment and content to show its effect as "the charter".