A Study On The Legal Problems Of Owners Autonomy In Urban Community

After nearly four decades of reform and opening up,China has created one economic miracle after another,and its economic development has also promoted social progress and changed.The reform of the housing system since the 1990s,the years of welfare public rental housing was ended,and the era of commercial housing has come.Citizens left the small living space in the past,and moved into the residential area of the city.Urban community is the basic unit of urban structure in our country.The owner autonomy of community becomes the focus of the construction of a society ruled by law.Although China's Property Law and Property Management Regulations were used to build a basic framework for the community management,the owner autonomy in urban community wasn't regulated in details.The system lack of physical and procedural specifications,and it is hard to get concrete implementation of the system of owners autonomy in urban residential areas.Obviously,the autonomy system of urban community owners needs to be further improved and modified.This article begins with three parts.In the first part,through searching the current laws and regulations in our country,it was found that the legal attributes aren't defined in detail in the current laws and regulations but "owner autonomy" is just put forward.Therefore,combining Property Law,relevant administrative regulations,and local laws and regulations,it could be clarified that the origin of owner autonomy is the legitimate private property right of citizens protected by Constitution and the owners' divisional ownership of building stipulated in the Property Law.In the second part,three major legal issues were introduced,including the unclear legal status in the operation of owner autonomy in our country,the weak awareness of owner autonomy,the establishment and operation of owner committee.Through contrasting the owner autonomous system in Japan and the United States,and summarizing their success,it was found that the key to reforming the owner autonomy system in our country is to define the legal nature of owner autonomous agency from the legal aspect.The third part is to perfect the owner autonomous system in our country.First of all,it is necessary to clarify the legal status of the non-profit unincorporated organization,such as the "Owner Autonomous Agency"(it usually refers to the owner committee).To add owner autonomous provisions or stipulate Autonomy Act in the Property Law was proposed to standardize the internal and external relations of the autonomous agency.Secondly,the main duties of the owner committee should be standardized.Thirdly,the decision-making and supervision mechanism of the owners committee should be refined.Finally,the guiding role of government agencies should be clarified.To perfect the legal system of owner autonomy is to promote the further development of the autonomous system of urban community in our country.