City Residential Owners Rights Protection System Research

Along with our country accelerating urbanization in recent years, land is becoming increasingly scarce resources. Because the huge value of the building on the land and the close relationship with people’s life, so the land has been concerned. Building as real estate ownership is the most important form, occupying a vital position in life. In view of this, the property law, the chapter6stipulates "the owner of the building differentiation ownership" system, related to the most important content that is the "protection of owner right"."Owner", that is the ownership of the house, the property law, give the owner’right according to the will of the state is undoubtedly progress in the legislation, but on the other hand because of insufficient study of the owner right, made the protection of owner right law system also exists some disappointing points, and make the perfect law is meaningful. This paper will give a brief analysis for this problem.This paper is divided into four parts, declare the problems of residential owner right protection law system, including:The first part of the owner and the owner right that the owner is introduced the category of the owner, the owner right according to the theory can be divided into three categories:monadic theory, binary theory, tertiary theory. The author thinks that the third theory more scientific and appropriate, and in this paper explains the corresponding reasons.The second part is comparative of the owner right protection system, this part introduced foreign countries such as America, France and other countries in the legislation field and Taiwan, Hongkong legislation, in our country, and give a brief analysis, draw the legislation in China system and learn and absorb the essence from all the nations.The third part is the property law for protection the owner right and existing problems. the property law in our country promulgate of has a very significant influence for the owner right, this paper discusses the methods from several positive aspects. But at the same time the legislation protect owner right still has some rough points. The author analyses some existing problems in the owner as basic points.The fourth part is for complete the owner right protection legislation. This is the last part of this paper, the author put forward a series of opinions to the protection of owner right legislation. First we should give further detailed rules for the interests of owner, ensuring the realization of the owner right from system. Then we must improve the system of management stipulations. Finally, we should straighten out the relationship between the owner and the owner’s assembly with the owner committee, make the owner right more efficient.