In The Perspective Of Owners’ Autonomy To Explore The Owners’ Congress Corporate Building Of Research

Urban management gradually to the community owner autonomy is the world trend, and construct a new pattern of social development and management of key. The rule of law society should respect the owner autonomy and reserve of owner autonomy space fully, fully excavate potential owners own autonomy. China’s constitutional right to manage social affairs as well as the ownership of property law provisions of the building for owner autonomy effectively provides legal protection. But as a result of the owners’ congress civil main body status is not clear, and the effective administrative functions not as, strife between the owner failed to combine autonomous force and realty service enterprise management for the owners’ autonomy, which leads to the owner autonomy as a "mirror of flowers in the month of" as good as it failed to effectively implement. Our country legislation should clarify the nature of the owners’ congress, the owners’ congress shall build corporate road, it has become the major in the research of urban governance and urgent realistic task.This paper will be divided into four chapters and epilogue:Owner autonomy and the owners’ congress in first chapter, this chapter is divided into two sections, respectively discusses the generalization of owner autonomy and the owners’ congress, the first section of owner autonomy in profile first from semantic, laws, and the concept of building differentiation ownership three aspects has analyzed the connotation of the owner. Secondly from the owner of the residential morphology, privatization of building property right, urban governance and democracy at the grassroots level and so on four big aspects this paper expounds the formation causes of owners’ autonomy. The third is the nature of owner autonomy are expounded.The owners’ congress in the second quarter in profile first for the owners’ congress is a form of meeting or owner organization carries on the analysis, and from the owners of constitutional rights and ownership of property law gives the owners of buildings set up the owners’ congress two aspects probes into the implementation of owner autonomy legal basis. The author believes that urban community governance more owner autonomy space should be reserved, fully excavate potential owners own autonomy. The owners’ congress is not only a form of meeting or a deliberative body, and it is on behalf of all owners and independent of all the owners autonomous group.The second chapter to the owner autonomous development and present situation of our country. This chapter is divided into two sections, respectively discusses the three stages of development of owner autonomy and the current situation of owner autonomy. The first section expounds the owner on his own rights and interests have a process of learning, understanding, and gradually improve, mainly for the following three development stages: that is, the real right of ownership of buildings, the owner autonomy and citizenship. The author thinks that, the owner started to consciously maintain the community public rights and interests of owner autonomy really began to, and that the responsibility of owner autonomy and cultivate the citizen consciousness. From five aspects in the second quarter of the current situation of owner autonomy is analyzed, especially for the owners’ congress of the status quo analysis of the present status of the owners’ autonomy in China is not ideal, the owner autonomous functions cannot fully revealed. The author thinks that the owners’ congress civil main body status is not clear is the key problem. Law cannot ambiguous, otherwise people will be confused about what to do, a clear legislative guidelines, evaluation, prediction, education, and so on. If the civil main body status of the owners’ congress, its founding conditions, organizational structure, powers and authorities of responsibility of the internal mechanism and related functional departments can be clear, the current situation of the owners’ assembly can be improved, the owner autonomy can truly show.The third chapter for the owners’ congress autonomous function failed to appear. This chapter is divided into two sections on the law and the legal aspects respectively analyzed the reasons. Legal aspects, the author thinks that the property law did not make clear a regulation in our country civil main body status of the owners’ congress, the owner congress in the civil law of civil subject classification vacuum, are excluded from the civil law is outside the scope of adjustment and protection. Plus "contract law" to "other organizations" the capacity for civil rights and capacity regulation is not clear, the owners’ congress nor with reference to the provisions of the contract law apply to, all these above greatly affect the autonomy of the function of the owners’ congress. Another department failed to effectively implement, as the strife between the owner failed to combine autonomous force, realty service enterprise management for the owner autonomy and so on three aspects also affects the functions of the owners’ congress.The fourth chapter for the owners’ congress exploration and construction of civil main body status. This chapter is divided into two sections will explore the owners’ congress civil main body status and building owner congress corporate are analyzed. The owners’ congress of civil main body status in the system of owner autonomy is a basic problem, is also a problem we must face. In the first place in the first section the author analyses the different countries and regions of the world about the owner autonomous groups of legislative mode, to develop open draw experience for our country. According to the objective situation in our country to explore the path choice of China’s legal status of the owners’ congress, the main analysis gives the owners’ congress corporate or endow unicorporated organizations of the pros and cons of two paths. In the second quarter from the objective conditions of the owners’ congress corporate exploration of our country, and analyses the necessity and feasibility of the owners’ congress corporate, the author thinks that should give owner congress corporate civil main body status in our country, and put forward specific owner congress institution on the basis of the model.The last part is the conclusion, it is the author of this article.