The Research Of The Legal System On Owner Autonomy In China

Because our country present stage of urban land transfer of state-owned land and the whole city system, thus in the real right of a realty form on and other countries and regions have many differences, reflected in the control of the house would differ. From the actual situation in our country, the owner of autonomy level is not high, behind the western developed countries and most civil law countries. The owner of the right to autonomy and main body status can’t get really effective implementation and reflect, but appear owner rights be caught the phenomenon of infringement. And, because there are autonomous region, autonomous subject, autonomous organization, autonomous content and autonomy of the different value, China’s existing residential area autonomy system and the new owner autonomy there are fundamental differences between mode, residents autonomy and the owner is to have the essential difference between autonomy. In the actual operation of the autonomy in the process, all sorts of unpredictable conflicts emerge in endlessly, in solving problems encountered in the highlights the difficulties at present in our country the owner of the shortcomings of the autonomous system. However, to solve these problems, it is a long way to go.The legal basis for our country owner autonomy, which is building differentiation ownership. The owner shall follow three principles of autonomy that is in accordance with the principle of autonomy, democratic management principles and accept supervision principles.In our country "matter right law" and "property management regulations promulgated" later, the owner of the building differentiation ownership seek legal recognition and protection, is no longer in the edge of the law, the real right legislation in our country is a big progress. But the owner of the nature of the organs of self-government, owner congress held the procedure of the solution of the problem but no system, just very general provisions of is the rights and obligations. With the guidance of the owners’ assembly and the owner committee rules "promulgated", the owner and the owner the rights and obligations of autonomous institutions get more detailed confirmation, these problems are the laws and regulations of recognition and sure, yet the actual operation of the owner still problems autonomy of paper.Hefei is at present our country city development is faster of cities, the owner of the present situation of Hefei autonomy, can objectively reflect the level of autonomy in the big cities of China. So in the state of autonomy in Hefei research is of great significance, and research samples should be representative, should choose the local representative big developers and local community development of the old district contrast; select better public praise residential property and small area management of poor village contrast. And random survey several quarters of autonomous state, the owner of the owner satisfaction, and some of the more mature owner of the experience of the village autonomy and the extraction of summary. Respectively from the village owner of autonomy in and residential owner autonomy to the existent problems of the analysis of the problems appeared in the course of autonomy.Owner autonomy first is the owner of the building differentiation ownership protection, from the owner of the exclusive rights should be separate, the owners of mutual right, the owners of the member right of protecting the owner for building differentiation ownership system way. Second, from the basic government guidance and supervision to begin, the basic unit government organization respectively from the right and restriction, establishing long-effect mechanism to promote owner autonomy to solve the problems. The third, from the owners’ assembly and to the supervision mechanism of the owners’ committee, respectively from the government functional departments of the owners’ assembly and the owner of supervision, owner of the committee of the owners’ assembly and the owner of the committee and supervision of the owners’ assembly and the owner of the meetings of the committee and public financial system analysis to the owner of the autonomous institutions supervision is imperative. Fourth, establish the owners’ congress communication voting system; solve the difficult problem of the owners’ congress meeting. Finally, from the normative owner of the code for autonomous management aspects, analysis of the code of the management method and the way to make the influence of autonomy and look for the way of solving this problem, so as to put forward the current owner of autonomy problem solving some personal view of China’s owner can the construction of legal system powering the autonomy, for our country the construction harmonious society to contribute their strength.