Study On Owner Autonomy Mechanism

In a macro background of strengthening law-ruled society and accelerating urbanization,community governance by law is becoming increasingly significant.And the micro-foundation of this important issue is reasonable explication of internal operation mechanism of residential estate,which is basic carrier of urban life.Real Right Law,Property Management Regulation,some local regulations and government regulations of Fujian Province and Xiamen City,have built autonomy of owners normatively,with the owners meeting and owners committee at the core.They require government to guide,supervise and assist owners in order to encourage and support owners,considered as social force,to dominate at self-management and self-service within the scope of their own divided ownership of multistory building.However,since the misplacement of government during the process of changing its function,the lack of coherence of legal norms and owners' poor comprehensive quality for democracy,actual operation of autonomy of owners has deviated from original intention of system design,and become the source of grassroots contradictions in urban areas.Taking methodologies of interviewing,forum,on-the-spot investigation,perspectives of text and normative analysis,this article takes several residential estates in Siming District of Xiamen,tease the history of origin and development of autonomy of owners;then it will divide the autonomy's foothold into three parts:government guidance,regulation restraint and owners own quality,and conclude its main problems and their reasons at present;finally,to cope with problems,this article will introduce market forces as the medium when government guides owners,try to overcome the lack of coherence of norms by the system of reply of legal inquiry,build representative assembly of owners and supervisory committee so that the operation of owners meeting and owners committee can be accelerated and normalized,enhance owners' knowledge,skills and reason of participating autonomy activities through education and training.