On The Exercise Of The Owner’s Right Of Revocation

With the promulgate and implement of “The Property Law of People’s Republic of China”in 2007,the system of the owner’s right of revocation was established in legislation in China the first time.Although it has been more than eight years science the establishment of the system,it still exists a lot of problems,specifically like the exercise requirements of the owner’s right of revocation(which is including the subject,object,criterion,mode and duration,effect etc.)are controversial around the academia and the judiciary because of the shortage of the legislative and the judicial interpretation.Firstly,this article introduces the conception,the nature and the legislation cause for the owner’s right of revocation;Secondly,this article focus on the discussion of the legal issues of the exercise of the owner’s right of revocation in judicial practice;Finally,the writer puts forward some suggestions about the improvement of the system of China’s owner’s right of revocation.This paper is divided into the following four parts:The first part is the brief introduction of the case and the putting forward of the controversial issues.This section will introduce the “twelve owners and residential property owners in Phoenix District Committee owner the right to revoke dispute ”in 2014 in Beijing,and sum up the controversial issues in the case,coming up with the important issues to be analyzed.The second part is outline of the owner’s right of revocation.This part will discuss the conception and the nature of the owner’s right of revocation,and compare it with the other right of revocation in Civil Law.Then will analysis the legislative causes and the existing legal provisions,and sum up four exercise requirements of owner’s right of revocation,which will provide a basis for the next chapter.The third part is the highlights of this paper,which is the analysis of the main legal issues about the exercising of China’s owner’s right of revocation.It will sum up the existing disputes about the exercise requirements of owner’s right of revocation one by one,which is including the subject,the object,the conditions of the exercising of the right,the mode and the duration,and the legal effect of the exercising of the right.And at the same time,the writer will put forward her own point of view on the issues above.The fourth part is to put forward the legislative suggestions on the improvement of our country’s exercising of the owner’s right of revocation.One of the suggestion is to make a further clarify on the exercise requirements of the owner’s right of revocation.The second is to make a further clarify on the type of the effect of the decision.The third is to establish a discretion dismissed system about the request of the owner’s right of revocation.