Study On The Realization Of House Owner’s Rights

As the fast development of construction of cities and towns, more and morepeople move into the cities, therefore, residential property disputes become more andcomplex, and the protection of house owner`s rights become the focus of attention ofthe society. To establish the harmonious relation between the two parties andachieve the common development of the win-win situation, this paper,based on thepredecessor`s theory, emphatically from the point of protection of house owner`srights,combined with the new situation, the new legislation,particularly referring tothe Beijing municipal government`s new legislation and practice in this field in2011,have a research on the reason why the house owner can`t protect their CondominiumRight of Property Owners, why it is difficult in solving the property disputes betweenthe parties, in addition,give suggestion to these problems.This paper mainly use value analysis and empirical analysis method, historyanalysis method, comparative analysis method, especially referring to the advancedexperience in this field from America. In addition,this paper refer to the advancedinformation management knowledge, the research method of Criminal law.On the whole, this paper include four parts:Chapter one mainly introduce the basic concept of property, propertymanagement, owners, owner`s rights and obligations, autonomous managementorganization by owner-condominium homeowners`association of America.Chapter two is to analyze the owner`s property facing all kinds of torts anddisputes. The residential property disputes always come from the following parties: property management service company, which is main infringer, breaching thecontract, earning unjust interests with kinds of illegal method; the owner`scommittee, which also infringe the owner`s rights in the way in collusion with theabove mentioned service company, or,misusing of authority, neglecting of duty; thehomeowner, also is troublesome,always cause disputes, damage the other`s rightsand interests related with the property.Chapter three mainly analyze the reason why it is difficult in protection orsafeguarding the property rights and interests of owners. One reason is that the relatedregulations and laws need to be perfected; one is the autonomous managementorganization by owner is not perfect due to the lack of property managementexperience under the current national conditions, particularly because of the latereform of housing system, therefore, it need to be improved,especially its foundationand management; the other reason is that most of owners are short of autonomousmanagement consciousness, including democratic consciousness, contractconsciousness, law being the first consciousness, citizen consciousness, rightconsciousness, freedom consciousness, equality consciousness, responsibilityconsciousness and so on, lack of effective method to protect themselves when facingstronger infringer; the last but not the important reason is that the government alwaysneglect its duty,or misuse its authority due to the benefit relation between the housedeveloper, service company and the local government.This paper play emphasis on Chapter four, which including two parts, mainlydiscuss the effective method to resolve the property disputes, or give suggestion to theperfection of law and regulations for property management. The perfection of lawincluding the following:First part is about the legal obligation&responsibility of theobligator to assure the the rights of the obligee, eg, the house developer,the propertyservice company, the administrator,the homeowners`obligation. The first point ofthe second part is about the improvement of autonomous management organization byowner. Based on the predecessors`research, referring to the mature managementexperience from home and aboard, applying to the electronic informationmanagement method, this paper give a better suggestion to promote the foundation and management of house owners`autonomous management organization, tosupervise the house owners committee`s work, to encourage the owners to join in thepublic affairs`management. Second point of which, is suggestion about conferringqualification of action on the autonomous organization, which is helpful to unifythe judicial trial practice to safeguard the owners`rights better.before that, it is verydifficult to safeguard their rights for the owners by filing suit. The other part mainlydiscuss about changing the administrative style and strengthening the administrativefunction and efficiency.