Legal Studies Of Management Stipulation

With the development of the urbanization, a great number of property districts are built. More and more people live in property districts. And the relationship among the owners are increasingly close and complex. To keep their life harmonious and avoid conflicts among the owners, the management stipulation, which is the leading constitution in property districts, should be taken seriously. Given the importance of the management stipulation, based on enough documentation, this paper studies some legal issues about the management stipulation. I am sure that this paper will do some help for the improvement of the legislation and the practice. This paper has five parts:The first part of this paper is the concept and nature of the management stipulation. Firstly, the management stipulation is defined as the written autonomic rules of the owners’ legal relationships, aiming at creating benign life orders and harmonious living atmosphere. Secondly, the nature of the management stipulation is that it is a kind of autonomous rule.The second part of this paper is the creation mechanism, alteration mechanism and abolishment mechanism of management stipulation. This chapter pays more attention to introduce the creation mechanism, alteration mechanism and abolishment mechanism of management stipulation of Taiwan province and Japan. What’s more this chapter contrasts the laws of Japan and Taiwan province with our laws, and puts forward some helpful advices to complete our laws.The third part of this paper contains items of the management stipulation. Firstly, this chapter introduces some laws about items in Japan, Taiwan province and Chinese mainland. Secondly, it introduces the theoretical classifications of items. At last, it gives lots of advice on revise of our laws.The fourth part of this paper is the effect scopes of the management stipulation. This chapter studies the time effectiveness, object effectiveness and regional effectiveness. And it put forward some advice to complete the effect scopes of the management stipulation.The last part of this paper is the execution mechanism and guarantee mechanism of management stipulation. Firstly, this chapter studies the internal security mechanism, which is security mechanism implement by the house-owner convention and the owners committee. Secondly, it studies the external guarantee mechanism which is implement by the judicial office and the administrative organization. At last, it gives some advice to complete our execution mechanism and guarantee mechanism of management stipulation.