| The Condominium ownership system is the important one which new established in our property law, in order to adjust and distinguish all the legal relationships related to building. The core content is to divide building into exclusive parts and common parts and adjust all the complicated legal relationships raised from building. Condominium owners assume different rights and obligations based on the different legal nature of two parts. The condominium ownership is the most important kinds of property in modern society. It becomes the most important property right for the masses in our country. Specified the condominium ownership by legislation can protect citizens'property rights, improve and protect healthy and orderly development of our housing market.However, our housing market started late, if counting from the housing reform in 1998, it is more than a decade so far. Therefore, concern and research on the condominium ownership is laggard in our country, too. It made our property lawmaking lack of reserve in the practice and theory, then affected overall level in property lawmaking. From the researching on "Property law of the People's Republic of China" (the "property law") and "Interpretation of several issues concerning the specific application of the law in disputes over condominium ownership by the supreme court" (the "judicial application of condominium ownership")by our scholars, the problems that articles are so rough in our property law are criticized by many scholars.Such problem can be seen from the aspects of common ownership system in the condominium ownership. There are some aspects can be thought over and complemented and perfected, such as concrete content and range of object of owner's common rights, delineation standard between exclusive ownership and common ownership, operability on implementation mechanism of common ownership, and so on. If these problems can not be resolved in theory and practice, it will influence the implementing effects of property law, and weaken the function of stopping disputes. So, it is necessary to study on thoroughly related problems of condominium ownership, in order to guide judicial practice, realize legislative purpose of property law, and perfect our property system.This paper, by analyzing the condominium ownership, based on the stipulations of property law and judicial interpretation, combined with research results in the academic world, on the basis of comparative identification, discusses the main system and related hot problems of condominium ownership system one by one. It mainly includes the delimitation on the subject, object and rights of distinguishing common ownership, the ownership of green lands, parking places and roads, and implementation mechanism of common ownership, and so on. During the writing, the author from the angle of view on public interests and justice, comes up with accordingly his own opinion on current distinguishing common ownership system, analyzes emphatically on hot problems and put forwards corresponding legislative proposals. Legislative proposals are as follow:the green lands and parking places in the building area should be common owned by the owners, the road should be owned by state, and part of the owners'common rights should change into public rights. The main aim of this paper is hoped to contribute little to perfecting property law. |
