| With the acceleration of urbanization process in China, the hottest real estate market gradually, more and more residents to purchase the commodity composition of their nuclear family. Original buildings scattered gradually huddled closed cell, to provide professional property services from property services companies, including security, cleaning, heating and other services readily available. Owners of rights acquired housing residents to buy more and more concern among owners and between owners and developers, contentious issues between landlords and property services companies also practice another. How to rights owners, has become a hot issue in today’s society, much public concern.This paper is divided into five parts, the urban residential property owners rights and legal remedies conducted a study of the system.The first part of the introduction. Mainly introduces the background of this paper, current research, research significance and related concepts defined. This paper argues that the owners were entitled to the right to include proprietary and parts, as well as members of non-property owners the right to participate in management. By nature, the right to belong to the bundle of rights owners within the scope of private law.The second part of the analysis of the existing legal provisions concerning the right of property owners. Research Status owners through the right in our country, the analysis of defects in the existing law."Property Law" Section70-72pairs were owners of condominium ownership provisions, defined the rights and obligations with a total of some owners of proprietary parts. Section76sets out the rights and obligations of owners to participate in relevant owners’ meeting with the owners of the Commission."Property Management Regulations" require the owners of the property management activities shall enjoy the following specific rights:a right to services;2right to make recommendations;3of the voting rights;4vote;5right;6supervise.The third part of the study the manifestations of the owners rights have been violated. Which forms of property owners rights against companies include: infringement of the owner of the property right infringement signed the contract and property during performance of the contract. Manifestations of the developer of the owners of rights violations include:1quality problem;2developers for housing ownership certificates delay;3developers do not honor their commitments or unauthorized changes to planning.The fourth part of the owners of the right to legal remedy research. The rights of the parties at the time of damage, you can right remedy, has the right to restore the original is damaged. Owners remedies include the right to civil litigation, enforcement proceedings and arbitration. Relief system owners exclusive rights to several aspects, including the right to relief system, the dependent relief system, members of the right to relief system and the common interests of the owners and other relief system.This paper presents the fifth part of the owners to improve the legal protection of the rights regime. First, the building should be clearly defined criteria and scope of proprietary parts; owners of autonomy and improve the operation of institutions and related systems on this basis; finally passed legislation to establish clear responsibilities property services business.Through these studies, the concept of the right owners, nature, existing legal provisions, relief and improvement suggestions pathways are described, through the study of the owners expect over the system, enabling owners to the rights of the legal system more comprehensive specifically to meet the growing the dispute highlights the rights of the legal owners of the development needs. Strengthening legal protection for residential property owners rights and remedies, to promote the urban community and building a harmonious society has a very important significance. |
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