On The Legal Protection Of Owners'Rights And Interests

Owner's rights derive from the system of condominium ownership.The concept of owner in legal sense was earlier seen in the Regulations on Property Management and was perfected in the Property Law of the People's Republic of China and its judicial interpretation.Its meaning is to occupy part of the exclusive space in distinguishing all buildings and to enjoy rights to the common part of natural persons,legal persons or other organizations.Its rights mainly include the ownership of the exclusive part,the co-ownership of the common part,and the membership arising from the co-ownership.Aiming at the prominent problem of protecting the owners' rights and interests in real life,this paper probes into how to strengthen the legal protection of owners' rights and interests through the research methods of practical cases and literature comparison.This paper focuses on the analysis of the problems existing in the protection of the rights and interests of the owners in our society,and puts forward some ideas for establishing and improving the protection system of the rights and interests of the owners,including establishing and improving the owner's autonomy system,guiding the relevant parties in residential quarters through lawful and effective activities of owner's autonomy.Acts to rationally distribute the rights and obligations of all parties;clarify the relevant legal principles of property service contract,stipulate property service contract as a well-known contract of contract law,and make special provisions on common and difficult problems,change the scattered and low-level issues in the past;seize the problems arising in judicial practice.With the opportunity of compiling the "Civil Code",we should further improve the relevant laws on condominium ownership of buildings;refer to the shareholder system of companies and the system of villagers' committees,improve the system of owners' congresses and owners' committees based on the combination of property rights and identity rights,and fully protect owners' ownership and forms.Right to know,right to know,etc.In order to avoid the explosive growth of property disputes through institutional means,prevent owners' interests from being easily infringed,and maintain a stable and harmonious social order.