Research On The Protection Of Owners' Voting Rights

Since the promulgation of the property management regulations,the owner autonomy mechanism has been established in the property management area for the first time in China.Article 76 of the property law stipulates that in the construction area,the major matters belonging to the joint ownership or joint management shall be jointly decided by the owners of the community,and the owners shall be entitled to vote.The exercise of the owner's voting right is related to the owner's interests and the effectiveness of the owner's autonomy,so we should pay attention to the protection of the right.However,in practice,the owners' Congress and the owners' committee infringe on the owners' voting rights,and the owners are hard to get relief,which is largely due to the imperfect protection of the owners' voting rights in China.Therefore,it is urgent to combine the current situation of the protection of the owner's voting rights with the actual situation of the infringement of the voting rights in our country,find out the shortcomings of the protection of the voting rights and analyze and demonstrate them,and put forward the specific details of the protection of the owner's voting rights in line with the basic national conditions of our country based on the beneficial experience at home and abroad.The main contents of this paper are as follows:First of all,combing and summarizing the current situation and problems of the protection of the owner's voting rights in legislation and justice,and finding the shortcomings of the protection of the voting rights.The legislative defects of the protection of the owner's voting rights are mainly reflected in the following three aspects: first,the owner's voting procedural provisions are insufficient and lack ofsupervision,which leads to violations of laws and regulations in the voting process;second,the "majority vote" voting rules can not take into account the special rights and interests of a small number of owners,which inevitably leads some owners to enter the relief level in order to maintain their voting rights and other rights and interests;Third,the relief channel of the owner's voting right is single,the private relief is weak,and the public relief is insufficient.The dilemma of the protection of the owner's voting right at the judicial level is mainly reflected in the lack of the relief efficiency of the relief method of the revocation right.Secondly,it expounds the connotation,nature,legitimacy and content of the owner's voting right.The owner's voting right refers to the right of the owner of the exclusive part of the community to express his approval,objection or other attitudes to the matters in the public management field of the community,which are stipulated in the legislation,autonomous regulations or proposed by a certain proportion of the owners through on-the-spot,written,network and other reasonable ways.This right is autonomous,procedural and public welfare.The legitimacy of rights protection comes from the theory of owner autonomy and the theory of interest balance.In order to protect the owner's voting right,it is necessary to protect the owner's right to know,participate and express.Thirdly,combined with the analysis of the causes of the inadequate protection of the owners' voting rights and the content of the realization of the rights,we can know that the owners' voting rights should be protected from three aspects.First,based on the theory of owner autonomy,strengthen the supervision of voting activities in the community,urge the relevant staff of the owner's Congress and the industry committee to exercise their powers according to law;second,standardize the exercise procedures of the owner's voting rights based on the theory of private law procedures,the broad exercise procedures of the owner's voting rights include the pre convening procedures,the discussion procedures and the final voting procedures,which should be in accordance with the above three procedures Third,based on the theory of interest balance,we should not only protect the voting rights of the minority owners with special rights,but also protect the hard won voting results of the majorityowners.Finally,based on the above theory and method,improve the protection system of the owner's voting rights.In the aspect of ex ante protection,it is proposed to improve the mechanism of external supervision and review,establish a multi-party owner's supervision committee or introduce a third-party supervision organization to supervise the owner's voting process and content,and provide procedural protection for the owner's voting right by properly specifying the procedural items of voting right exercise and clearly specifying the key content of voting to be recorded in the minutes of the meeting Protect;protect the voting rights of minority owners by establishing the voting rules for specific matters.In the aspect of private relief,the right of dissent should be given to the owners;in the aspect of public relief,the civil causes of the owners' voting disputes should be determined,the situations of invalid voting and non establishment should be added,and the rules of correction of defects in the owners' voting procedures should be established to balance the personal interests and the overall interests of the community.