Study Of The Owner Autonomous Organization System

Owners' autonomy is a natural right based on the ownership of building differentiation,and thus the owners' autonomous organizations are built up with the generation of owners' autonomy right.Since Property law was issued in 2007,the owner autonomy system has been developing rapidly.Due to starting late,lack of rules of law and rough construction,the owners' autonomous organizations are unable to completely fulfill its autonomy,which easily fall into some conflicts and contradictions in the practice of protecting the interests of owners.In this regard,on the one hand,it means the awakening consciousness of civil rights,which is a progress of the Chinese civil rights;On the other hand,it also shows that it is imminet for China to improve the owner autonomy system.In developed countries (regions),the owner autonomy system is a mature legal system,which not only has a relatively complete legal system,but also has clear provisions in laws and regulations on legal status of the owner autonomous organizations and supervision mechanism.Although the overall design of the system is different,there are common internal rules and principles.Compared with legislation patterns in other countries (regions),this paper reveals the problems of the owner autonomy system in China,like obscure legal status of the owner autonomy institutions,nonstandard generation procedures,and lack of corresponding supervision mechanism.Therefore,by analysing the origin of these problems,according to China's existing laws and regulations and other normative documents,and some relevant foreign legislations,this paper uses literature research and comparative research methods,analyses the relevant legislation of the owner autonomous system in our country,and puts forward some opinions and suggestions to improve and develop the owner autonomous institutions system,which provides more favorable protection for owners' autonomy,so as to contribute more to building a socialist society.Apart from the preface and the conclusion,this paper is divided into four parts:The first part summarizes the owner autonomous organization system as a whole.It is about the definition of owners and owners' autonomy and the structure of the owner autonomy institutions.Based on these concepts and theoretical analysis,China's owner autonomous institution system is studied preliminarily in this part.The second part mainly introduces and analyzes the owner autonomous organization system in China's Hongkong,Taiwan area and some foreign countries,like the United States,France,Japan and Germany.This part focuses on the owners association system in the United States,co-owner association system in France as well as the national assembly system in Japan,and summarizes the valuable practice of the above countries (regions).The third part mainly analyzes the present owners autonomous institutions in China.These issues include the imcompletet legal system,the unified provisions of laws and regulations,the obscure legal status of the owner autonomous institutions,the imperfect design of the owner autonomous institutions' establishment,and lack of supervision mechanism to restrict the authority fulfillment.The fourth part is mainly aimed at solving the problems referred in the former part.The contents of this part are specifically about how to build perfect and unified legislation,expicit the position of owner autonomous institutions,improve the procesures of the owner autonomous institutions establishment,and supplement the resposiblities of the owner autonomy institutions during performing their duties.The innovation of this paper is mainly about the research method:First of all,this paper uses comparative research method to study the operating mode and the relevant provisions of the world's autonomous institutions,so as to draw useful lessons.Secondly,according to the author's understanding and analysis,this paper puts forward some new views,like learning from the company's internal governance structure,so as to better guide and manage the operation of the owner's Committee.Finally,because the owners of autonomy system in China is still in the initial stage of development,the suggestions and countermeasures put forward in this paper,despite there being sufficient theoretical basis,have not been proved thoroughly,resulting in the fact that some discussions are less mature.Therefore,this paper aims to initiate,and the author hopes that the readers will provide some valuable advice.