Study On Legal Problems Of Changing Residence To Commercial Use

Since the late 1980 s,our market economy has grown rapidly and vigorously.More and more small and medium-sized enterprises or individuals try to minimize costs and maximize profits for getting a place in the market economy filled with competitions.Meanwhile,the reform of state-owned system and the fierce market competition lead to the laid-off workers increase,so people feel more social,economical and employed pressures.an ever increasing number of city owners change housing residential use for commercial purposes or office use.This is the so-called changing residential use into commercial purposes.It brings great convenience to the residents’ daily life,makes the small and medium enterprises develops rapidly,creates more employment opportunities and reduce stress on the government.At the same time,It also realizes the moderate mix layout of urban functions.However,It,of course, leads to a series of problems,such as occupying public resources of residential area excessively,affecting the community living environment easily and reducing the national finance income.On the whole,the appearance of “changing residential use into commercial purposes” conforms to the trend of market economy.Thus,Owners should use the right of changing residential purposes correctly and fulfill corresponding legal obligation actively. Now,our laws about “changing residential use into commercial purposes”,such as the property law,are imperfect and short of operability. In a word,there are 3 key points we need to pay attention to. Firstly,the definition standard of stakeholder scope is unreasonable. Secondly, the design of stakeholders’ permission principles is unscientific. Thirdly, there are nearly provisions about reasonably limiting the scope of “changing residential use into commercial purposes”. The author tries to analysis related legal problems for putting forward Suggestions about perfecting the legislation. At first, the definition standard of stakeholder scope should be cleared. Base on that,we can definite the stakeholder scope easily,which includes the owners living in the building and the owners who can be proved to the stakeholders excluding the owners who doesn’t bring negative influence to the building he or she lives in.Of course,property users should be also included in the owner scope. Then,majority agreement should be combined with all closed owners’ agreement and the written form should be used in that process. The author suggests that the owners’ committee and property management company should be the subject who gains the stakeholders’ agreement through the procedure. Lastly, dangerous commercial activity which may affect the community or cause serious pollution should be limited by legislation and the principle of limiting business scope should be respected. in the meantime,there are additional ways can be used to limit business scope, such as contracting management rules, improving the business review process and reviewing the owner business activities.