Research On Legal Issues Of Owner’s Voting Right

Owner’ s voting right is also known as the owner of the right to vote,it is the right to decide the common management matters within the district by putting forward agree,against or other attitude.Chapter VI of China’s "Property Law" provided the building ownership,it is based on the " triadic theory" that building ownership is divided by the ownership of the proprietary part,the ownership of the share part and common management right.Common management right is also known as owner’s membership right.Owner’ s voting right is not only one of the main content of the owner’s membership right,but also the important means to the implementation of self-government of the owners within the modern residential district.So owner’s voting right plays an important role in promoting owners’ autonomy.China’s current "Property Law" and "Property Management Regulations" and the relevant laws made a general provision of the owners of the owner’ s voting right.They made the principle of the exercising subjects of the owner’ s voting right,the criteria for determining of the owner’ s voting right,the rules of the owner’ s voting right,the ways in which the owner’ s voting right is exercised,and the relief pathways of the owner’ s voting right.However,the existing laws have many obvious shortcomings on the provisions of the owner’ s voting right,such as the provisions of the exercising subjects of the owner’ s voting right is not fully combined with the actual,the criteria for determining of the owner’ s voting right is too principled,the rules of the owner’ s voting right are flawed,the exercise modes of the owner’ s voting right are not fully realized the democratic autonomy,the relief pathways of the owner’ s voting right are blocked and the "deadlock" is difficult to deal with.The existing laws of the owner’ s voting right are too principle and blanking,these issues make the owner’ s voting right encounter obstacles in the actual operation,it is harmful to self-government and the protection of the owners,and ultimately hinder the promotion of owners autonomy.Therefore,the systematic study of the legal rights of the owner’ s voting right,its purpose is to improve the legal system of ownership of the owners.First of all,starting from the relevant concept of the owner’ s voting right,clarifying the connotation of the owner’ s voting right,analyzing the meaning of the owner’ s voting right,and studying the theoretical basis of it.Secondly,on the basis of theoretical research,researching the current situation of the owner’ s voting right,including combing the existing laws and regulations of it,summarizing the actual operation status of it in combination with the data of the research report,generalizing the owner’ s voting right through the typical case of the trial practice status,in order to find the main legal issues of the owner’ s voting right and summarize the various types of these issues.Finally,making a comparative study on the owner’ s voting right including the provisions of the German law,the Japanese law and the laws of the area of China Taiwan,so we can put forward some suggestions on perfecting the legal system of the owner’ s voting right.The suggestions include: endowing the particular subject the right to vote or the right to express opinions of the relevant resolutions,crystallizing the determining of the owner’ s voting right,strictly regulating the "majority" standard of the resolution rules,paying attention to the protection of the legitimate rights,regulating the voting methods of written voting,proxy voting,improving representative voting,improving the right of revocation and giving the right of object to the owners,smoothing the relief channels of the owners,establishing the supervision system that not only combining with internal supervision and external supervision,but also owners spontaneously supervise and the supervise of owner ’s board of supervisors in parallel.Reflecting the "no vote as a valid consent" clause,putting forward the solution of the "deadlock".On the basis of this proposal,putting forward the legislative proposal of the owner’ s voting right.The ultimate goal is to protect the exercise of the owner’ s voting right of the owners and promote the development of the owners’ autonomy.