Research On Laws And Regulations Of Proprietor Commmittee’s Participation In The Community Governance

With the rapid progress of the construction of residential quarters in Chinese cities, owners’committee in residential quarters, as an autonomous organization for owners to claim rights and interests, is an important way for residential property owners to fully realize and safeguard their legitimate rights and interests, and is an important part of the community to achieve autonomy management, the improvement and maturity of which are bound to affect the healthy development of the community. It has restricted the owners’committee from playing an important role in community governance and property management due to a lot of imperfections of the existing laws and regulations in respect of the owners’ committee’ participation in community governance. Therefore, it’s urgent to reconstruct the legal system of the owners’committee in residential quarters.Taking legal regulations that govern the participation of the owners’ committee in community governance as the study point, and referring to domestic and foreign community governance and research status of the owners’ committee, this paper provided referable recommendations through empirical analysis of the H community from the perspective of legal regulations for the improvement of legal system with regard to the participation of Chinese owners’committee in community governance.The paper is divided into three parts that are introduction, text and conclusion.Combining with defects of the legal system which the owners’committee participates in community governance during China’s urbanization, the introduction part put forward questions and specified the purpose and significance of this study by sorting out the research status and institutional practice of owners’ committee and community governance in domestic and foreign urban residential quarters.The text part is divided into four sections. Section I summarized the defects of the legal system of Chinese owners’ committee through theoretical analysis of the evolution, functions and legal status of the owners’ committee in urban residential quarters, based on which a logical starting point for theoretical studies was established; Section II proposed legislation ideas to establish the dominant position of the participation of owners’ committee in community governance through sorting out the relevant laws and regulations that our owners’ committee participates in community governance; Section III revealed difficulties the owners’ committee faced due to the ambiguous legal status of owners’ committee in residential quarters on the basis of case study analysis of the situation that owners’ committee participated in community governance in H community, and further elucidated the importance of establishing the dominant position for the owners’ committee; Section IV made analysis on the dominant position, participation procedures and management rights of the owners’ committee’s participation in community governance, and put forward three proposals:firstly, establish the legal status of the owners’committee as an unincorporated organization; secondly, perfect the legal system of formation, operation and participation procedures of the owners’ committee; thirdly, specify the legal scope of the management rights of the owners’committee.The conclusion part clarified the purpose and significance of this study once again, and indicated its wishes to promote the improvement of system regarding the owners’ committee’s participation in community governance through this study.