Research Into Legal Issues Relating To Self-rule By Estate-owners

With the reform of urban housing reform and the development of estate management industry, the owners'consciousness of self-rule is growing rapidly. Moreover, multi-leveled buildings and residence districts, composed of more than one building, have become an obvious characteristic of the construction in modern cities, which decides the status of condominium ownership of estate. In order to effectively manage the common-owned part of an estate district, to dispose of the common affairs relating to the common interest of all owners in an estate district and to build a harmonious community, the estate-owners'body comes into being and becomes a basic trend in today's estate management. Close to and based on the self-rule by estate-owners, this paper carries on a profound research into the relevant legal issues.The preamble of this paper is an introduction to the background of this paper, including present problems in practice and short comings in existing laws and regulations, to show the necessity of this research, serving as a cornerstone of the statement below.The context of this paper is composed of three chapters, each of which is a necessary part of the complete structure of this paper.The first chapter is on the basic theory of the self-rule by the estate-owners. First, the author analyses the basic concept of estate, estate management and self-rule. Then introduces the condominium ownership theory and expounds the theoretical pillar of condominium ownership as the fundamental of self-rule by the estate-owners.The second chapter is on the body of the self-rule. The author suggests that the estate-owners'body be established, taking estate-owners'meeting and estate-owners'commission respectively as the decision body and executive body. Furthermore, the owners'body shall be entitled the subject qualification of legal action, and denies the existing thought that the owners'meeting or owners'commission is the subject in legal relation to outside. In view that a residence district generally consists of more than one buildings, this paper agrees with such point that to establish a branch of the whole owners'body in a respectively independent building. In the two sessions of'estate-owners'meeting'and'estate-owners'commission', the problems involved in emphasis mainly include some practical problems close to the achievement of self-rule by owners, such as the first estate-owners'meeting, the emergency meeting, the standard of decision making, and the calculation of votes. The theoretical issue of nature and status of estate-owners'commission is also another emphasis of this session.The third chapter is on the estate-owners'convention, which is generally considered as the constitution of self-rule. This part conducts a profound research on the nature, the establishment and the content of the convention. Aimed at the practical problems and the short comings in existing laws and regulations, especially the occurrence that the developer often damages the interest of owners in draft convention, the author puts forward some constructive advice.The conclusive part briefly states the major troubles in both practice and legislation and expresses the author's main points, with expect that the advice will be available to the building of harmonious community.