On The Problems And Improvement Suggestions Of The Protection Of Owners' Rights

The Real Property Law,which was enacted in 2007,established the clear ownership system for buildings in the legal system in Chapter 6.It is a milestone in the introduction,establishment,and development of the differentiated ownership system for buildings in China.It is a milestone for the urbanization process and economic growth.Made a huge contribution.However,since the implementation of this system,it has not been so perfect in the operation of China's social judicial practice,highlighting many problems,such as the difficulty in defining the common parts,the backwardness of the level of property services,the lack of protection of owners' rights,and the ownership of owners Problems such as not being effectively implemented,even once there was an abnormal relationship between the property company and the owner,that is,in reality,the property service company took the position of a manager over the owner,resulting in many group incidents.Is the above problem due to the system itself? The author believes that there is no problem with the design of the system itself.The problem is that the system of ownership of building divisional ownership failed to take into account China's actual national conditions.With the rapid development of urbanization and the significant improvement in the level of construction,the scale of closed-type communities in China has become larger and larger,and even hundreds of thousands of people have appeared.At this time,the problem arises.If in a small closed community,the distinction between the exclusive part and the common part is obvious,but once it is converted to a large urban-style community,the distinction will become extremely difficult.The owner's meeting is the same.It is not difficult to hold a homeowner's meeting in a residential area with hundreds of households,but a community withtens of thousands of households can hold an owner's meeting in accordance with the existing system.This article analyzes the related content of co-ownership and membership by examining and protecting the ownership and co-ownership of owners.In order to protect the common ownership of the owners,the common part of the employer must be clarified first.In China's current legislation,great efforts have been made to define the common part,and considerable progress has been made,but the dispute over the ownership of the common part remains.Frequent occurrences,therefore,it is necessary to legislatively improve the definition of common parts,which is also more conducive to clarifying the scope of the object of membership.Then,the author starts with four important issues,namely,the protection of the rights of owners,the management of buildings,the special maintenance funds for housing,and the autonomy of owners,and gives a brief summary of the main problems that owners currently face.In the final analysis,all the questions are put forward to solve the current problems.The solutions to the problems in the current practice are proposed within the framework of the current system of ownership of building divisions.The problem.