The Liability Of Owners In Breach Of Management Regulations

Management regulations are also known as "Regulations","Residents regulations","Property management agreements","Management regulations of condominium buildings",or "Management organization regulations",etc.Management regulations are the self-governing rules,written in writing,that construction organizations and all buildings distinguish the owner about the management,use and ownership of the building and the base.They are important legal documents of rights and obligations of owners in property management activities.The purpose of management regulations is to protect the common interest of condominium owners,and ensure good management operation and harmonious living order to condominium buildings and communities.Also,it is the cornerstone of reflecting the interest of the owner group and realizing the owners' autonomy.Besides,it plays a positive role in healthy development of urban social order and the transformation of modern social governance.Management regulations are the cornerstone of protecting the common interests of the owners.The owners,who violate the obligation stipulated in the management regulations,must inevitably bear corresponding legal responsibilities,so as to effectively ensure that management regulations play an active role in practice.Existing researches on the liability of owners in breach of management regulations are mainly based on the literature research method and comparative research method.Researches focus on issues related to owners' liability for breach of management regulations in foreign countries.From the perspective of judicial empirical research,there are relatively few studies on the application of law,and the research results are also weak.Therefore,this article uses empirical researches and relies on China Judgments Online to take the 2017-2019 Breach of the Management Regulation as the basis for the study,combined with a case study system to analyze the judge's referee logic,Through empirical research,it is found that,in judicial practice,there are four factors resulting in different standards for judicial decisions.First,the owner breaches the management regulation to sue and bear fewer liabilities in the regulation.Next,the liabilities clearly stipulated in the management regulation are also seriously ignored.Then,the form of liabilities is unitary.At last,the standards leading to judicial decisions vary.In reality,management regulations do not play the role of autonomy rules in autonomy of owners,making it difficult to reflect the nature of management regulations to maintain the common interests of owners.Under the inherent dual civil liability system,it is difficult to reasonably find out the owners' statutory liabilities of breach of management regulations,due to the fact that,the nature of the management regulations is unclear,and the liability for violating the management regulations is simply understood as the liability for breach of contract or tort,or a simple combination between the two.Also,ignoring the collective and autonomous statutes of the management regulations is one of the reasons.Ignoring the breach of the common rights and management order of all owners,and only focusing on the behavior violation of individual rights and interests,so the owner 's liability for breaching the management regulations is regarded as the individual 's liability for infringement of individual rights or breach of contract.Article 83 and other provisions of the Property Law,they are over-theoretical for violating management regulations,and the damage to breach of management regulations for common rights and management orders of all owners is not highlighted,as a result,the group spirit of the management protocol is lacking.Therefore,the clearly defined liability provisions in the management regulation,and the clearly defined legal nature of the liabilities for violating the management regulations,reflecting the Group Nature of the management regulation itself.In terms of legislation,the maintenance of the common rights and management order of all owners should be highlighted.Besides,the necessary provisions on the way of liability should be added.In addition,the role of the owners' group and property service enterprises in safeguarding the common rights and interests of all owners should be emphasized.In the view of the research objectives above,based on judicial empirical research,this article firstly clarifies the basic content of the management regulation,such as the concept,nature,function and value,legal text,etc.,and clarifies the nature of the liability of the owner to violate the management regulation in legal principles and legislation.It also puts forward the nature of autonomy rules that focus on management regulations.Then,it rethinks the existing dual liability system that focuses on contractual liability or tort liability.Last,it returns to management regulations as a form of common liability that should be embodied.Specifically,it emphasizes the importance of management regulations in community autonomy,taking into account the group nature of management regulations.Also,it refines the legal provisions on the liability of owners to violate the management regulations,and highlights the rules of responsibility for damage to the common interests of owners.Finally,it improves the status of management regulations in the life of the owners,and promotes the modernization of the social governance structure.