| With economic development and social progress,our work and life more closely with building relationships,daytime buildings as our working place for us to provide a comfortable working environment,night buildings as where we live for us on warm family atmosphere. While buildings distinguish right of ownership of members, is that we, as a member of the building to building in the management and maintenance to ensure the important legal rights we interests, Property law brief introduction of the promulgation of the member right is clear. However, Property law and practice too summarized many new problems appeared, need to discuss research.. This paper is divided into five parts, to the members rights, this paper puts emphasis on the research of the member right restrictions and deprived analysis.The first part mainly expounds the building differentiation ownership of the process of establishing the member right. From the origin of building differentiation ownership can be seen from the beginning, its not existing, along with the development of economic and society, especially the ongoing and rapid urbanization development, member right too. Promulgated by the China in 2007, the property law, the first building differentiation ownership member right as the elements, become legal rights.The second part of the basic theory of member right simply introduced, from the emergence, member right member right properties, characteristics, elements of aspects of all member right survey.The third part mainly discussed the content of the member right, namely differentiation ownership in a joint affairs who enjoy the rights of management shall bear obligations. And Based on the rights and obligations of the member right for this paper puts emphasis on the analysis, part of the "member right restrictions and deprivation" lay the foundation.The fourth part mainly introduces the relevant problems of member right exercise. The principle of member right exercise, as the guiding differentiation ownership rules exercising the right to distinguish between members of the owner of buildings throughout the management process for understanding and in-depth, always member right issues related research has important significance.The fifth part is above, this paper focuses on the right to members multi-angle, multi-level analysis, it launched member right restrictions and deprived of paper. This article follows the domestic some scholars point, think it is necessary to punish "the system" community member right into. This part of the jurisprudential seeking restrictions and deprived member right based, on the introduction of "community based on punish" the member right as members, right in the field of building differentiation ownership of its made visible, restrictions and deprived research. In practice, what subjects have clearly member right qualification, how to members of the appropriate exercise right restrictions to safeguard the rights of other differentiation ownership exercise, what conditions must adopt the most extreme punishment——deprive member right to sanctions differentiation ownership, in order to maintain all distinguish who the common interests of the owner, in order to problems such as in our country in the future member right legislation about wrbanization. |
