Research On The Execution Of The Membership Right Of Condominium

As China's economy entered a stage of rapid development,China's getting more and more urbanizationsed,more and more rural population get into the city,the city in the process of expanding to the surrounding,has also been derived more and more complex the distinction between ownership of the building to accommodate more people,to realize the City,especially to take full advantage of the large and super large city increasingly tight land resources,solve the increasingly common city contradiction between people and land.The more and more widely set up the ownership of the building areas,also make the common management problem in the building division of ownership increasingly prominent.Although China promulgated the "law" and the special judicial interpretation in the practice of the condominium is part of the common management and so on,but in reality the user ownership how to properly exercise the ownership rights of members of the various problems still exist.This paper attempts to study the exercise of members' rights in condominium ownership,and put forward effective opinions and suggestions to further promote the smooth exercise of membership rights from the perspective of integrating theory with practice and combining with the academic research results.This article is mainly composed of the following aspects:The first part gives a brief introduction on the basic theory of the membership right.Before discussing the related issues of the exercise of the membership right,it is necessary to make a certain study on the membership right in order to correctly understand the object of the exercise of the membership right.Membership right is an independent civil right derived from building condominium ownership.It has both the characteristics of property law and the nature of human law.The author thinks it should belong to one of the members' rights.At the same time,the content of membership refers to the rights and obligations required for the realization of common management.As an independent civil right,there are certain characteristics between the membership right,the common right and the ownership contrast.The second part introduces the scope of the exercise of membership rights.The membership right is differed from the right of common ownership,whereas it is enjoyed on the basis of it,so the scope of the exercise of the membership rights refers to the common part of the owner.Through the research on the legislation of some other countries or regions,some general rules for the definition of the scope of the exercise of membership right can be summed up.Combined with our current judicial interpretation,we can see that when judging the common parts of owners,our country is judged not only according to the objective criteria,but also to formal standards such as publicity and notarization.A clear distinction between the scope of the exercise of the right of ownership is of great significance to the better exercise of the right to membership.The third part introduces the subject and way of the exercise of the membership right.The exercise of membership rights is based on the provisions of our current law,including not only the owner of the public register,but also the owner who has not yet publicized the registration.The judicial interpretation has made a clear definition.In addition to the individual,however,it also includes the authorized owner autonomy management agency.In addition to the direct management of owners,in recent years,more and more communities begin to use the indirect management of owners and the establishment of executive management institutions to exercise member rights.Of course,in the process of exercising the right of membership,there is also the issue of the exercise of the boundary of rights.The fourth part introduces the obstacles and system improvement of the exercise of China's membership right.Because of the widely adopted members to exercise the right to form is the establishment of the owners' autonomy management mechanism to realize the common management,this article mainly from the owner autonomy management organization,namely the membership right exercise subject angle,reveals the exercise barriers that often arise in practice,combined with their own experience,the reason for the practice needs to be improved by several the problem is analyzed.And according to the results of the analysis,we put forward further improvement suggestions and suggestions on the exercise of the system and the relief of the members of the members.