The Research Of Management Protocol

Condominium ownership becomes mainly property system of modernproperty district by the development of urbanization,the idea of owner autonomyhas been widely accepted gradually.During modern property management,theadvantage of management protocol is highlighted gradually,which is embodyingcommon will of the owner."property law"and"property managementregulation"in China regulate related contents of management protocol,howeverwhich is too general and abstract, and related theoretical research is deficiencyslightly. in view of management protocol plays an important role in theory andpractice,and the defects in China’s legislation, The thesis studies on relatedlegal problems,and I hope that it is good for legal practice. The thesis has fourparts:The first section: the summary of management protocol，which mainlydiscusses the concept and its nature of management protocol. Managementprotocol is autonomy code of conduct，which is Most of the condominiumownership determine program with written pattern by， standardize the estate ofapplication,management,maintenance,rights and obligations of the owner，haslegal binding force for the whole owner. Scholars has different opinions onproperty of management protocol，management protocol is existent on the management organization of consisting of the condominium ownership.therefore,Property of management protocoldepends on a great extent property ofmanagement organization. As the organ of highest decision and power ofdistinguishing all the building and district author hold that property managementgroup is the organization and platform of owner self-rule，and civil law of civilsubject，and qualification of subject of procedure，and subject qualification ofsubstantive law. Management protocol is a kind of autonomous rule.The second section: the creation mechanism and of management protocolwhich mainly discusses program, content and variation mechanism ofmanagement protocolthrough comparative analysis. The creation mechanism ofmanagement protocol can be roughly divided into two kinds：One is the owneras the leading model，the other is developers as the leading model. The creationof management protocol in China adopt the first kind of mode，but showingmany disadvantages in concrete system design. On the entity, the creation ofmanagement protocol is mainly related to their specific content. Managementprotocol in accordance with the different levels of legal interference can bebroadly divided into essential matters can be agreed matters and not the issuesinvolved in three categories. Management protocol variation mechanism ismainly related to the attribution of the right to amend and modify the programtwo aspects. As generally the provisions of national legislation on the management protocol of the change and the creation of provisions together inorder to ensure the owners of autonomy, the management protocolof the right tochange the main general all of the owners, management protocol change processin general, owners of majority rule, including a single of majority and doublemajority decision. Change involves matters and the importance of the majorityof the requirements is not the same. China’s Property Law Section76and theState Department "Property Management Regulations11and12, changemanagement protocol provisions, but only require a majority to change theprogram, the program is too simple and uniform, without taking into account themanagement protocol of involving the breadth of involving the main differenceand change the contents of important differences in practice may lead tomanagement protocol to change the low efficiency of, or damage a small part ofthe legitimate rights and interests of the owners. I recommend, in accordancewith the size of the management protocol to modify the contents of scope andwhether to involve the vital interests of some owners set different targetedprogram of change.The third section: the execution mechanism and guarantee mechanism ofmanagement protocol which mainly discusses scope of validity,execution andguarantee mechanism of management protocol. Effectiveness of the of themanagement protocol of not only entered into the management protocol of the majority of the owners or all of the owners, but also in other subjects closelyrelated to the property. Implementation of the management protocol ofmechanism involved in itself of the main execute permissions as well as specificimplementation measures two aspects of the implementation of the main includeall owners, management bodies and the property services business, a differentmode of implementation of the main specific execute permissions for a slightlydifferent implementation measures mainly include three types: macroimplementation measures, preventive measures and punitive measures againstbreaches of the Statute of the extent of the different measures under eachcategory can be divided into a number of specific measures, in order to ensurethe effective implementation of management protocol. To comply with theeffective operation of the management protocol in addition depends on theconscious of the property owners and users, manage the effectiveimplementation of the Statute of the implementation of the main outside a publicauthority to intervene to be protected, the management of the implementation ofthe Statute of safeguard mechanisms include judicial protection andadministrative protection.The fourth section: China’s management protocol of the provisions of therelevant system. Introduces the current laws and regulations on the managementprotocol of the creation of change and the implementation of the security system, and to suggest modifications in the above-explored on the basis of theimperfections. Creation of mechanisms, the mode of China’s managementprotocol of the creation of close to Taiwan, a two-stage pre developers todevelop management protocol, after the establishment of the owners’ meeting toenter into a formal protocol of the contracting behavior of developers in thisprocess less concerned about the significant benefits of a small number ofpeople necessary to improve the management protocol laid down procedures forthe lack of effective constraints; change mechanism, there are procedures forsingle issues such as, changes need to refine the program design;implementation, should be performed on as the main execute permission of theowners’ committee according to different management models make differentprovision; the implementation of security to deal with the scope of the Courtaccepted the management protocol of the dispute to be clear and reasonablechoice of the characteristics of the dispute proceedings, while clearly thespecific rights and situations of intervention by the executive authorities in orderto balance the relationship between the owners of autonomy and administrativesupport.In conclusion：through the above four aspects of inquiry, conducting acomprehensive summary of the entire operating system of management protocol.