Research Of The Owner’s Voting Rights

The main area of our daily life is the community, so the standard of residential property directly affects each one of us. At present, the form of residential property management mainly is the owner autonomy management, which means that the residential property’s management and maintenance are decided by all the owners. However, in our country the law about owners’ autonomous management model only regulate the principle issue, but not give the clear rules about specific measures of the management.The Property Law which promulgated in 2007 only regulate the principle issue, and points out that the management of community property are decided by the owners themselves. But for the specific measures of Owner Autonomy is blurred, or say that the Owner Autonomy System on the concrete application exist legislation. Owner Autonomy means that the common management issue of the neighborhood are primarily decided by the owners through vote, as the owner to \ "show of hands\" to express their willings about whether agree or disagree with the following statement. Therefore, owner’s voting is the embodiment part of Owner Autonomy, having a vital role of Owners’ Autonomy. However, at present the law about owner’s subject range, voting rights, to determine the scope of core problems such as standards and the resolution of voting rules have no specific provisions, so that in practice the exercise of voting rights owners meet with many difficulties. So far, there are still no specific rules about the concrete operation methods and measures of Owner Voting System. As for the theoretical circle,since there are many disputes on this problem and did not give the clear guidance, leading to the dilemma that when owners fulfill their voting rights will face many difficulties in the practice to solve the problem, so that the Owner Autonomous legal principles is useless, and failed to play its real role.The owner’s voting rights are related to each neighborhood’s property management, related to each person’s living condition, related to each one of us’ rights about property management, and fully embody of Owner Autonomy, so we must pay attention to the specific implementation of voting system. At this stage because of the legislation of voting system has deficiencies in specific operations on the Owner Authority, and due to the \ "voice is not unified\" the theoretical circle failed to give clear instructions, owner voting system very difficult to implement in practice. Therefore, the very topic of this paper has significant theory value and practical significance. In terms of theory value, the study of the voting rights of owners’ legal basis, exercise methods and procedures, exercise the effect and comprehensive theoretical analysis on rights protection, so that the owner’s voting system, in theory, be able to complete; In terms of practical significance, this study will help our country to improve the voting rights of owners’ of the current legislation on advice, help to confirm the owner of the votes, exercise the whole process, security, etc, to help in the framework of the rule of law to promote the realization of owner autonomy. In addition, but also involving the owner voting rights play a positive role in guiding the judicial practice.