| With modern rapid social-economic development, population growth,rural areas continue to speed up the process of urbanization. Living, are becoming increasingly prominent, the growth of the construction area of demand and the limited area of land, buildings have to keep the high-altitude development. Especially in the big cities, more and more high-floor building with a building to accommodate the rights of more and more people,buildings distinction between ownership and the importance of this particular form of real estate ownership in China's urban life has been The abound, with the attendant is offered by various contradictions of Health.Therefore, it is necessary to carry out systematic research to improve China's civil law system and to better safeguard the rights of citizens. China on the combination of the legislative system and theory, Property Law is the promulgation of China's system of the Legislative Council Building on the distinction between ownership of epoch-making significance of the important event. Buildings distinction between ownership system in our country to establish formal and comprehensive manner.Building on the distinction between ownership of the meaning, there is now following several different theories:First, The so-called narrow distinction between ownershi, also known as single factor, including two different viewpoints, are proprietary and were right to say.Second, the dual theories. The so-called generalized distinction between ownership, also known as complex elements that.Third, ternary, said. The so-called in the broadest sense of ownership that distinction, also known as the three elements of that.Establish ownership of the building of national distinction, the distinction can strengthen the supervision and management of all buildings. However, the distinction between ownership of people, the most important is to recognize the significance of the distinction between on the distinction between all of the buildings all part of the exclusive ownership. Buildings distinction between ownership and ownership by the total ownership of proprietary components.Proprietary ownership also known as the exclusive right or special title refers to distinguish between proprietary owners of the building to enjoy some possession, use, and dispose of the right of return. Because of the building is not the exclusive right of disposal, but on a range of architectural space dominance, therefore, that the exclusive right of the general theory of the nature of space ownership, ownership of the exclusive right of the people to distinguish between the use of independent expertise architectural space owned by ownership.exclusive ownership of the object and standards The object is the exclusive right of the proprietary part of the building, part of the exclusive set two standards: First, the structure of independence; Second, the use of independence. This should be judged both common.Proprietary part of the boundaries that some mutually exclusive, or shared between the separated parts of the boundary of what is to be included in exclusive part of this problem directly affects the distinction between ownership can freely use, improved right at the same time to maintain indirect impact on the overall security buildings, and the distinction between ownership to the potential damage to the building safety problem behaviors ban.Distinguish between people as exclusive ownership of the obligations of owners:First, the distinction between ownership subject to the common interest. Including people on the distinction between ownership of the house to their own proprietary renovating or building more, and dismantle its proprietary part of the internal part of the walls and beams or, if endanger the safety of the entire building or the appearance of the entire building, which are violation of the public interest and should be stopped.Second, not inconsistent with the purpose of residential uses.Third, the maintenance of existing buildings obligations. Although residential owners for residential ownership, but the proprietary part of the building in an independent, and therefore, home ownership has the obligation to maintain the buildings. Other ownership without the consent of its proprietary Fanjian not part of the property or decrease the value of their acts.Fourth, are not allowed to randomly changes in its proprietary parts of the impact of public ownership or other distinction between the lines, gas pipes, water pipes and so on.Fifth, the Convention and property owners to follow service contracts.A total of three empowerment ownership, including: the right to use the right of return, and dispose. Refers to the so-called right to use the title to distinguish between people according to some set of shared purpose and commonly used method to use legitimate rights, including the common use and rotate. If the courtyard, elevators, corridors, and so, by their nature can be shared. The telephone, washing machines, sports, and meeting rooms are only available for use in rotation. The so-called right of return is part of the total collection of natural fruits and statutory yield rights. Part of the total generated by the proceeds from the distinction between ownership of the world except otherwise agreed, the distinction between ownership by the people should be their proper proportion of the total charge. The so-called dispositions, including the de facto punishment and legal action. The fact punishment, as part of a total demolition and related facilities should distinguish between owners plenary meeting. For legal punishment, such as the distinction between ownership of a total of some people actions, in conjunction with the proprietary parts at the same time.National and regional laws are generally part of a total of the relevant requirements.China's Property Law Article 70 stipulates: owners of the residential buildings, business premises and other proprietary part of the ownership, the proprietary part of the total outside part of the total and co-management rights. China's middle different cities adjoining housing regulations, there are some involved, including: common foyer,balconies,roof,stairs,toilets,compound,a water facilities, proprietary housing the main structure of the foundation, columns, beams, walls, Housing construction subsidiary (such as elevators, water pumps, heating, water health, and Chiu, the Ditch, the waste, septic tanks, etc.). And China's Taiwan region Apartment Building Management Ordinance stipulates that certain buildings shall be agreed for the special part:First, the apartment building of the ground itself. Secondly, a number of proprietary connectivity part of the corridors or stairs, as well as access to the outdoors or the entrance, the roadway within the community, fire lanes and alleys. Third, the apartment building foundation, the main beams, load-bearing walls, floor and roof of the structure. Fourth, the agreement for breach of the Act restricting the use of the provisions. Fifth, the use of other fixed, and is a distinction between ownership of people living on the indispensable use of common parts. China's Property Law on the part of the definition of a total exclusion to the law, that is, exclusive of the outside part of the total, the provisions are too general and should be specific.Members of the main distinction between ownership of a building in a building based on the structure of ownership and use rights can not be separated on the relationship between the common, as a group of buildings membership in the Organization for the enjoyment of the rights and obligations under. Members basis for the existence of the right of all people in the distinction between ownership of a building to live or work formed the common relations. Members with the right of the two right obvious difference is that the members of the right to have a strong Act, a substantial part of which is to manage relations, and not merely a simple property relations. In essence, it is based on a personal property rights. Building the unique distinction of the title is in the right of (proprietary parts and shared in part) ownership, also enjoy a status of rights - the right members.Members are independent of the right to exclusive ownership and total ownership of the rights. Members with the right to sustainability. As long as the building exists, the distinction between all groups of continued relations will, in principle, to dissolve. Based on the common relations with the members of which were always common relationship with sustainability.Members of the exercise of the right way to distinguish between ownership of the General Assembly, also known as the owners and management committees, also known as Owners Committee.Distinguish between ownership by the whole people distinguish between ownership of the General Assembly members, to make a distinction between ownership groups were the highest authority. Each distinction between ownership of course people become members of the General Assembly, through the distinction between ownership of the members of Congress to exercise its right to exercise the most fundamental right of way. Where all the buildings involved distinction between ownership and the distinction between the interests of the major issues should distinguish between ownership by the General Assembly decision. Such as: the development of management statute, the Electoral Affairs Commission, the major building repairs or improvements, the common cost-sharing ratio, the distinction between compulsory transfer of ownership, such as. Distinguish between members of the right of ownership through Congress the right to vote, the right to participate in the formulation of the statute, elections and the right of managers Jieren, proper management of common request relations matters, the right to collect a total of request should be in the interests of the rights of a wide range of rights.The distinction between ownership of the large number of people, and many people do not concern the management of buildings, if everything is a need to distinguish between owners General Assembly decided that the very unrealistic. In such circumstances, the establishment of the Commission is necessary. Management Committee shall distinguish between ownership Assembly elections, to make a distinction between the permanent owner of the General Assembly and executing agencies, the distinction between foreign ownership on behalf of all people. Management Committee's terms of reference are broad, but relate to distinguish between the interests of the owners of major issues, people should distinguish between ownership of the General Assembly decision.Article 112 of the proposed draft provides for the functions of management: Management Committee and the administrator of the following functions:1. Shared part of the cleaning, maintenance, repair and general improvement;2. Distinction between owners of common services;3. Distinction between ownership and exclusive possession of the person for the suppression of violations;4. Distinguish between all the buildings and their surroundings maintenance;5. Receipts and other financial income and expenditure, custody and use;6. Distinction between ownership meeting the implementation of the resolution;7. Management Statute, the meeting records and other documents in the custody;8. Management services to the appointment, employment and supervision;9. Accounting reports and other management reports and settlement of the matters raised and notices;10. Management provisions of the Statute of other matters.Based on the safety of the structures and the maintenance of peace, the distinction between ownership of a management group composed of people - distinction between ownership meeting each distinction between ownership people are in a meeting, in accordance with its proprietary part in the proportion of enjoy the right to vote accordingly. According to law, the distinction between ownership of a large number of people may also elect a management committee, as a day-to-day management. For day-to-day management and building maintenance, are meeting distinction between ownership or management committee in accordance with the Statute for the implementation of management.On the management bodies of an important theoretical debate is whether we should recognize the distinction between ownership of a meeting of corporate personality. Germany Residential ownership laws," said mining deny that the distinction between the owner does not have legal personality; France Residential layered ownership laws recognize the distinction between ownership of course, meeting with groups personality; Japan distinction between ownership of the building to take the views of compromise, provides more than 30 people the distinction between ownership groups composed of the management of the 3 / 4 more than the right to vote and the formation of the majority must agree, may apply to register as legal entities. Whether we will recognize the management bodies of personality, a significant impact on the practice. Germany based on the law, the people will distinguish between ownership rights ability as a society, of course, do not have legal personality, rights and obligations of the ultimate point is the distinction between individual owners. In all of the distinction between the internal management of the building, will not have such requirements and obstacles. However, in the third person involved in the management of external relations, with a third person were established distinction between ownership rights and obligations, and certainly not a wise choice. Distinguish between ownership and mining groups personality meeting with the provisions of the distinction between foreign ownership of a meeting of the main independent rights, the rights obligations; internal autonomy to distinguish between ownership of the Statute dealing with the relationship between people, so that the building civil will be more and more clear, and easy to operate. Therefore, I believe that management groups have recognized personality is a more appropriate choice, we should adopt.So far, China has set out a number of legal distinction between ownership of the building related systems. The distinction between different from the ownership of property relations, it will not entirely according to the provisions of the Civil Code to resolve. This paper attempts to turn from the following aspects legislative ideas:First, the distinction between ownership of the buildings on the model legislation. Currently the world's roughly three legislative mode: First, China and France model: Switzerland, Italy represented, in a special chapter in the Civil Code, the section of the building or the distinction between ownership of the system of domestic law mode: mainly Britain and the United States Law adopted by the Department of State, through the development of a domestic law, all types of residential ownership, rental adjustments, and the building ownership as one of the distinction between one to be provided; three buildings distinction between ownership laws mode: against Buildings distinction between ownership of the special legislative mode, Germany, Japan, Italy and other countries have adopted such a geographical pattern.The first two models in the legislative and technical merits is a simple, but also conducive to the form of ownership of real estate unified legislative adjustments, but limited by the provisions of difficult to make a detailed provisions. The third model can overcome the deficiencies before the two models, the representative of the distinction between ownership of the basic regulation to be the trend. Therefore, I believe that such a model should be used.Secondly, the distinction between ownership of buildings in the Property Law in the arrangement. Legislative Affairs Commission of the NPC Standing Committee, the drafting of a People's Republic of China Civil Law (Draft), Lieutenant General distinction between ownership of the building as part of the Property Rights Law independent chapter. In fact, this is not necessary. Ownership of the building should be placed under the ownership of real estate or buildings will be placed in a total of distinction in ownership. If the legislature decided to part of the ownership of the Property Rights Law by movable and immovable property ownership title of the main line style settings, buildings are real, there is no doubt distinction between ownership of the building should be placed under the ownership of real property if the legislature still the structure is set up draft law, then they should distinguish between buildings according to the nature of its ownership in the Property Law in the position. Buildings distinction from the entire building is all on the total share part of the exclusive use of each other and part of a proprietary composite is not only different from the total on, and there are different from the common form of a total of the third . Therefore, the distinction between ownership of the building can be carried out at a total requirement. Of course, not in the detailed specifications Property Law distinction between ownership of the building, does not preclude the doctrine as a unified system to study specific.Third, collate the relevant state laws, regulations, rules and useful document management, unified ownership of the specialized legal distinction. As our country there is no distinction between ownership of the reunification of the special legal provisions, but contained in the relevant provisions of the Ministry of Construction, local regulations and their related companies in the provisions, resulting in buildings throughout the distinction between dealing with different aspects of ownership , which is not conducive to the country's distinction between ownership of the building the unity of standardized management. Home is the citizen's basic rights and needs of the citizens of the country should be included in its legal home residential adjustment range, introduced as soon as possible reunification of the distinction between ownership of the laws and the law on the management of the government, the owners and the rights and obligations of members of groups rights and obligations provided.
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