On The Owner Autonomous

The appearance of the system of the owner autonomous is accompanied by the advancement of China’s housing reform. Usually, the owner autonomous means owners manage their own affairs on their own. In other words, in order to attain better management of apartments, in addition to some regulation on the legal, a certain amount of autonomy should be given to the owners to practice owner autonomy. But in China, due to the condominium form of ownership has not been deep in people’s minds, so the realization of the owner autonomous faces some difficulties in practice. This article gather together closely around the main line of the owners autonomy, to elaborate the aspect of the theoretical proving of the owner autonomous, specific system design and the improve measures in detail.This article besides the introduction and the conclusion is constituted by the following four parts.The first part is the basic theory of owner autonomous. The owner autonomous is owners establish its own autonomous rules, and set up autonomous groups for autonomous management. The owner autonomies’ right basis is building discrimination property rights. German scholars have put forward social self-discipline theory to legal rational form angle, elaborated the modern law from autonomy to the control to the change of self-discipline, confirm the owner autonomy concept.The second part analyzes the content of owner autonomous. The owner autonomous is all the owners make an autonomous management to apartment, which can be divided into material management and human management in theory. The management of material", in principle, is limited to the distinction between the common parts of all buildings, for the exclusive part, also included in the scope of the "objects" owed to owners’ misconduct. The management of building, base and affiliated facilities, improved, and use and dispose of preservation. The management of the owners is the management of the life of the community relationship, including the management to owner’s improper damage behavior and improper use of behavior on the buildings, and the management to life of nuisance.The third part is the realization of the system arrangement of autonomy. Though owner autonomous is reality and legal choice to owners’ self-management, but it works really needs a series of system to guarantee, including management stipulations of norms, owner of operation, management groups owner of autonomy and owner of the financial arrangement autonomy relief. Management stipulation is the owners’ autonomous rule, its formulate, change and cancellation, shall be borne by the ordinary majority to special majority. Management stipulation effect should not only include owners and particular successor, but also include who use the realty. Management stipulation should draw lessons from the Taiwan region legislation cases to be revoked when the original stipulation is unfair obviously. The owners’ assembly and the owners’ committee constituted our country owner autonomy management together of two pillars of structure, its organization and the effect of resolution are similar in a certain degree. The realty service enterprise’s management right originate all the owners of the Commission, the right is the owner autonomous’s extension. The owners’ committee is entitled to hire the realty service enterprise to conduct the management as owners’ representive, The realty service enterprise’s should be based on the contract of property service to perform their duties, shall not exceed the contract agreement against the interests of owners. The effect of owner autonomous is closely related to the financial system’s quality, property management costs and special repair fund is important part of residential financial system. On the relief, because owners’ partitioned ownership of building areas as a kind of special ownership of immovable property, which has a strong management factors, so it should be conferred a degree of mandatory in the condominium building management, in addition to the provisions of relevant legal responsibility, should determine the owner committee’s lawsuit qualification, borrow action to strengthen community management the principle of autonomy to practice the owner autonomous.The fourth part is the improvement of the system of the owner autonomous of our country. In our country,the owner autonomous system has many problems, in addition to Chinese insufficient autonomous consciousness,most of problems are the loss of system design and laws and regulations, specific for community management of public-private legal relationship is not divided, management stipulations status is not outstanding, the owner autonomous groups have unclear legal status, the financial relationship chaos and the owner of the autonomy relief is not enough. According to China’s owner autonomous problems in the system, on the basis of drawing other countries and regions’ legislation, and combining some of the existing practices, puting forward concrete measures of perfecting owner autonomous system of our country one by one.