The Realistic Predicament Of Owner Autonomy And Its Improvement Path

Owner autonomy is the general trend of urban governance in China.Residential community is a shrinking society,which almost presents all matters in social governance,and shows the true face of social life.It can be said that the autonomy of the owners is the fulcrum of social governance.The owners’ committee is an important organization to realize owner autonomy and plays an important role in property management.Because of the late start of the homeowner autonomy system in China,although the property law,property management regulations and relevant laws and regulations provide effective legal guarantee for the realization of owner autonomy,it is not very sound,especially the civil subject status of the owner committee is not clear,from the external intervention of the street office and the residents’ committee and The lack of supervision mechanism,and so on,resulting in the formation of residential housing estate owners more extensive,still faced with a number of bottlenecks,and need to be solved from the system and management.This paper tries to seek a systematic solution to promote the benign development of owner autonomy by following the idea of building a systematic solution by following the idea of taking the owner committee as the main body,the government and the property service enterprises.The paper first takes autonomy as the starting point,and introduces autonomy is relative to his governance.The core elements include autonomy,self-reliance and self-discipline,and then lead to owner autonomy,and discuss the owner autonomy in the legal sense of our country,including its content and scope.By comparing and analyzing the legal status,the design of the power,the capacity of civil behavior,the system of property rights,the system of property rights,the resources of the property and the development of the system,it shows that the important status of the autonomy of the owners and the core elements of self-government are more important,and that the owners’ committee plays an important role in the autonomy of the owners.It is important and more authentic.On this basis,restoring owner autonomy is of original significance,mainly from the aspects of owner autonomy and autonomy.Secondly,using the field survey and interview to investigate the owners’ self-governing organizations in depth,from the two aspects of the law and the reality of the owners’ committee in the realization of the owners’ autonomy in the difficulties.In legislation,the legal status of the owner committee is mainly involved in the legal status of the owners’ committee,and the owners’ committee is the main body of self-government.In practice,the street offices,the residents’ committee and the property service enterprises have intervened in the owners’ committee to deal with the daily affairs in the residential quarters;the owners’ committee has its own existence.The problem is reflected in the difficulties of the establishment of the owners committee,the protection of financial manpower,and the lack of supervision of the owners’ committee.Finally,it discusses the basic path of improving owner autonomy,and proposes the establishment of a residential autonomy mode centered on the owners’ committee.The owners’ committee is given a clear position of autonomy and the status of the civil subject,and the rights and responsibilities between the stakeholders in the residential community are straightened out,such as the relationship between the owners’ committee and the residents’ committee,and the clear positioning of the functions and rights of the developers and the property service enterprises.In order to improve the operating mechanism of the owner committee,it is mainly from the establishment of the rules of the proprietor committee,the development of the owners’ self-government organizations,the reasonable remuneration for the committee members of the owners and the effective supervision of the owners’ committee.Among them,the government departments and the residents’ committees play a kind of underpinning effect,which should help and ensure the owners’ committee to realize the autonomy of the owners and supervise the autonomy of the owners’ committee.Through the real predicament of owner autonomy and its perfect path,it provides useful thinking and suggestion for domestic commercial housing residential community to govern this district independently according to its own characteristics.