Review And Construction: China Distinction Reconstruction System For All Buildings

Nowadays it is very common to study the building differentiation ownership inChina, while there are few specific researches done from the perspective ofreconstructing its system. The reconstruction of distinguishing all buildings, whicheasily appears in practices, has received a lot of attention of scholars and legislativestudies from different countries and regions. The Property Law has set norms todistinguish the reconstruction of all buildings in Article76, Paragraph1Item6.However, its content, which only gives the recognization of this system in legislation,is extremely brief and in fact is short of practicability. In China, due to lack the normof property right system in the long-term, the reconstruction of distinguishing allbuildings relies more on government. This brings the autonomous consultation ofowners into the norm of administrative system, which must delay the reconstruction.Therefore, it becomes imperative to form a complete set of system design in theframework of property law in order to provide a perfect guidance for owners’ legalways of self-service reconstruction. This thesis, which is based on China’s currentsituation and dilemma of the reconstruction of distinguishing all buildings,introduces the concept definition, the choice of legislation model and theoreticalbasis of it. Then this thesis analyzes the system of reconstruction from theperspective of comparative method and provides available solutions to theapproaches to reconstruction agreement in practices, the balance of interests amongowners or between owners and a third person, the particularity of reconstructingbuildings in the community compared with reconstructing individual building, andthe differences between post-disaster reconstruction and general reconstruction.