A Study On The Problem Of Owner’s Self-gover Ning In Urban Community In China

With the deepening of the reform of China’s housing system and real estate boom, housing property is in private, more and more people have their own housing. At the same time, property management gradually arisen and developed rapidly. Property management is the essence of the owner’s self-governing, namely all the owners realize good management of property right resources through consultation and cooperation. Firstly the owner’s self-governing organization needs to establish; secondly the specific owner’s self-governing form needs to perfect; finally we can’t ignore the government role in owner’s self-governing in community.The article is divided into three parts.The first chapter discusses the rise of owner’s self-governing in urban community. First of all, starts from the origin of owner’s self-governing in community to analyze the two background;Secondly, the connotation of the owner’s self-governing in urban community is defined and then discusses the legal basis,the essence and significance of the owner’s self-governing in community. Finally, with a macro understanding of the owner’s self-governing in community,put forward to the point of this article. The owner’s self-governing in urban community is divided into two levels of work:firstly establish the owner’s self-governing organization, namely the establishment of the owners of public affairs of the community co-management decision-making, implementation and oversight mechanisms; secondly perfect the specific owner’s self-governing form.The second chapter from the two levels of owner’s self-governing in urban community to start the analysis of the dilemma. The dilemma on the first level of owner’s self-governing in urban community is mainly manifested in two aspects:First of all, the owner’s self-governing organization is difficult to set up; Second, owner’s self-governing organization encountered difficulties in the operation. The dilemma on the second level of owner’s self-governing in urban community:the conflict between the owners (owner’s self-governing organization) and property services companies is serious in the "owner commissioned-management". The third chapter according to the difficulties faced in owner’s self-governing in urban community, the owner’s self-governing mode is reconstructed. First, on the owner’s self-governing organization level:First of all, introduce the legal nature of owner’s self-governing organizations in relevant national and regional,then discusses the need to give the legal personality to owner’s self-governing organizations in China; Secondly, put forward a chart of the owner’s self-governing organization, reconstructing the structure and operating mechanism of owner’s self-governing organizations. Second, on the the form of owner’s self-governing level:First, list three ways to promote the effective realization of "owner commissioned-management":rationalizing the relations between owner’s self-governing organization and property services companies, owner’s self-governing organization selecting property services companies independently and signing a full contract, standarding the patterns of action of owners (owner’s self-governing organization) and the property services companies.Second, with the promulgation of the" Property Law ", a new owner’s self-governing form appears-"owner self-management".Using this form,there have been many success cases in some small and simple community in practice. It should be as an important supplement of "owner commissioned-management" to promote the owner’s self-governing in community healthily developed.Third,discusses the role of government should play on the establishment/operation of owner’s self-governing organization and the perfection of owner’s self-governing form.