Discussion On Exercise Of The Right Of Estate Owners

As our country economy’s sustained and rapid development, the modernizationis accelerating, and the urbanization also pushes forward. Old city’s reconstructionand expansion of city to the countryside the urban community building becomingmore and more, with more people voluntary or forced to live in urban districts,management problem is coming.That is the right of the owner member issues. Avillage is a small society, how to manage the small society, to make it run smoothlyand the full order; all of them should be solved by the owner member right. There arethe interests’ balance of the owner individual and community as a whole, the ownerand owner. How to define the rights and obligations relations among the owners andhow to solve the problem of the relationship between the external organizations andthe owners. The right of owner of members concerns the real benefits of each ownersof the community, and also concerns social stability.The property law of our country and relevant judicial interpretations of theowners of member right make the correlative stipulation and the safeguard, and therevised "property management regulations" also further the implementation ofsafeguard the right of the owner member. All of them reflected the legislativeconsideration of social reality. But the relevant system design is not fully consideringthe possible problems of the right of the owner member in the exercise, combinedwith our country realistic background and legal norms such as weak consciousness ofpublic participation in its own limitations. Therefore, the right of the owner of ourcountry’s guarantee system has defects, the legislation and institutional need perfect.Through detailed investigation of extraterritorial law, foreign legislation of themember right of the owner, has high maneuverability, operable, and giving fullconsideration to the actual real life, choosing the appropriate mode of systemCombined with the good consciousness of public participation and autonomy, basedon the investigation to the outside method and reference, and considering the reality,the owner member right of legislation and judicial practice in our country can beimproved. Such several angles can be considered, first of all, through the appropriateincentives, improving the owner’s autonomy consciousness, then, it can enhance theconsciousness of the owners to participate in the activities of community management,and also improve the quality of the village governance.What is more, it can improve people’s quality of life; Second, the owners’ committee’s setting up and runmechanism still need to refine, and improving the maneuverability of the legal normsSuch as setting up the owners’ congress and the owners’ committee by forcing ways.Considering to establish "the temporary management committee" system, to safeguardthe owner rights; Again, in the process of exercising the owner member right legalstatus and rights and obligations of the parties subject, make each subject can getdifferent tactics, take responsibility.Clearing the owners committee litigation subjectqualification and the legal person status, the appointment system of the owners’committee members, to the village and establish work reward mechanism, strengthenthe supervision of the owners’ committee duties; Finally, the relevant functionaldepartments and related organizations need perform their duties according to law,clarify its authority. The governance of village should not be blindly and excessiveintervention. Identify rights, obligations and responsibilities between the owners anddevelopers and the property management companies, and reducing their dispute andfriction, in order to safeguard the rights and interests of the owner,.