| In the middle of 1990 s,the era of welfare housing distribution rang down its curtain,housing commercialization reform gradually implemented,thus the housing structure has undergone a fundamental change.The word “owner” that symbolizes the new concept of social identity came into being.The emergence and development of the owner class formed a new type of social relationship based on the property rights of housing.When there are house quality problems,property rights disputes or property management services problems in the community,that is when the owner's rights and interests being infringed,they will take a variety of means to coordinate with the estate development enterprises,property companies,and relevant government agencies.Under the circumstance that various complex factors making the dispute difficult to be effectively resolved,the owner groups began to take active action.All kinds of rights protection activities come and go,but successful case is very few.The current status of owners' rights protection in China is still not optimistic.Based on the theory of property right and citizenship,this paper studies the specific situation of the rights and interests of owners of the QNC community in Changchun City.Through observation while participation in the entire process of rights protection and one-to-one interview with main parties of property relationship like the property company,the owners and the owner committee of QNC community to understand owners' real wishes and aspirations in the struggle.The author analyzes the causes of the owners' rights protection,that is,housing commercialization reform led to the transformation of social management power structure,and the “government-led” monistic power structure model was broken.The QNC owners participated in the management of public affairs of the community.When the owners was in an imbalance status in the game with the property company,their rights awareness were inspired,then rights protection organizations appeared one after another and the owner groups began to have the intend of rights protection fight.The owners of the QNC community mainly adopted the administrative mode and the judicial mode in the rights protection process and protected their rights by using legal weapons.However,in the specific process,there exist problems like weak participation consciousness,insufficient participation ability and rights defense knowledge of the owners,unsound legal system,unequal strength between the owners and the real estate developer,interest orientation behavior and so on.This article attempts to explore the future direction of owners' right defense in city's commercial housing community by study the case of QNC.On the one hand,from the "property rights" to "citizenship",there is a very necessary significance.The owner groups has transformed into "political actors" from “economic consumers” in the long-term rights protection training process,and this kind of “qualitative” change contains a majority meanings of liberal civil rights defined by Marshall,therefore,owners' rights protection in contemporary Chinese cities can be regarded as a movement for citizenship;On the other hand,in order to change the dilemma of the current owners ' rights protection,the government can guide the owners from protecting property to realizing citizenship and promote the development and upgrading of future owners rights protection by enhancing their citizenship awareness,guiding the growth of the social self-governing organizations,promoting the system innovation and the mechanism construction and cultivating the civil society. |
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