Research On The Subject System Of Owner Autonomy

Owner autonomy model and related organizations in China are still in the early stages of growth,and there are many problems that need to be improved.This paper starts from the identification of the owner's identity,by determining the connotation of owner autonomy,the construction and operation of the autonomous institutions are analyzed,to find problems and put forward suggestions,and it is hoped that the Subject system of owner autonomy will be promoted.In addition to the introduction,the paper consists of four parts:The first part mainly discusses the connotation and extension of the concept of "owner".The “owner” is called the subject of ownership in the academic sense,while in Comparative research,it have different names.The concept of "owner" in Chinese current legal system is not derived from Hong Kong.The modernization of buildings(zoning)has made the interdependence between the different owners living in it increasingly close.The actual “possession” and “use” are more practical and far-reaching than the influence of the proprietary part on the common relationship.Therefore,the judicial interpretation made a breakthrough in adapting to the actual situation of the “owner” connotation.Although the occupier of the proprietary part is the actual participant in the common life,it is fundamentally different from the owner's interest pattern and should not be considered as the “owner” But they are members of a common life,for the maintenance and development of the occupant community,it is legally necessary to clarify the rights and obligations of the property users.The second part mainly discusses the theoretical basis and legal connotation of owner autonomy.Under the guidance of the idea of private law autonomy,in order to maintain the order of the community of life,and coordinate the relationship between the subjects,the citizens conduct self-management,including the preservation,improvement,utilization,and disposal of buildings,so the owner's autonomy arises.Article 70 of Property Law of PRC confirms that “the owners shall have common ownership and the right of common management over common areas of the building”.However,the juxtaposition of co-ownership and common management(membership)as one stipulates will cause problems of divisibility and incompatibility.Article 76 of the Property Law and relevant judicial interpretation have specific definitions of the joint resolutions of the owners.The scope is narrow and the semantic contradictions have caused unreasonable restrictions on the autonomy of the owners and should be improved.The third part mainly carry out a legislative review of the regulation of owners' groups.The regulation of owners' groups in countries and regions around the world mainly treat it as legal person or not.However,China's legislation on the owners' self-governing organizations actually stays at the level of scattered management institutions,and lacks a stable and lasting ownership group system that plays a unified function.The concealed expression of replacing the owners' group with the owners' assembly may reflect the state's vigilance against freedom of association.In real life,the owners' committees have repeatedly violated their powers and made decisions.The factional struggle has further aggravated the survival crisis of the owners' meeting and the owners' committee,seriously affecting the management of buildings.In the case of the legal status of the owners' congress,the judicial recognition of the main body status of the owners' committee has intensified the expansion of the authority of the owners' committee.The fourth part discusses the legislative realization of owners' group.The author suggests that a true owner group system should be established in law.In view of the non-independence of property,it is not appropriate to apply owner organization to the legal person form,and it can be regulated according to the "unincorporated organization" model.Entrusted authorization is the basic source of rights,but the actual bearers of rights and obligations are still the owners;in terms of the composition of the responsibility,the group property bears the responsibility first,the owner assumes the supplementary responsibility within the scope of the shared holdings,or emulates the design of Germany,Co-joining responsibility with the owners' group.The owners' committee shall be defined as the executive organ of the owners' group.In the case where no litigation is involved,the owners' committee can only act according to the authorization of the owner's group.In the procedural law,it can be authorized to participate in litigation,but also directly has the ability of the parties according to law.