Building Community Owners Self-government Organization Legal Status And Suggestions

The quickening pace of housing market,more and more people have their own property,followed by increasingly urgent demand of owner autonomy,in general,the rise in the problem of owner autonomy is not only the owner of self consciousness to improve performance,and market economy development,especially the reality of the real estate market stable healthy development needs,at present,our country law of owners autonomous organizations including the owners' congress and the owners' committee,the owners' congress involving the number of the owner,called the difficulty is big,have trouble with the owner interests matters concerning the meeting in time.Practice,owner autonomy mainly be handled by the owners' committee is responsible for the daily affairs,the owners' committee on the one hand,according to the authorization of the owners' congress and perform the provisions of the laws,regulations or administrative statute,the owners' interests;On the other hand,the position of the legal status of the owners committee is unclear,which causes inconsistent judicial application,which seriously affects the authority and unity of the judiciary.Owner groups in the system of building differentiation ownership for a common source of power,by all the owners together,on behalf of the village the common interests of all proprietors,foreign legislation or judicial precedent proprietor group this concept clear and give its legal subject status has become obvious trend,relatively,the owner was introduced into our country present law system because there is no group system,the owners' assembly and the owners' committee of independent legal subject qualification is not clear,leading to the owner autonomous practice encounter such as autonomous organization function restricted,autonomous institutions supervision mechanism is not perfect,autonomous members unsound incentive mechanisms and other issues,these problems restricted the healthy development of owner autonomy.Therefore,it is necessary to redefine the legal status of owners' groups,owners' congresses and owners' committees in the form of legislation,and introduce relevant supporting system systems.This paper takes the legal status of the self-government organization of our country as the breakthrough point,and adopts the method of theoretical discussion and comparative analysis to explore the research.This article is divided into five parts:The meaning of the first part of owners' autonomous organization and the type of focus,this paper mainly introduced our country legislation to determine the owners' assembly and the owners' committee of the concept and characters of the two owners autonomous organization,opening as a paper.The second part of the current law of our country of the owners' assembly and the owners' committee of the legislative status,legal status,such as analysis,contrast the general civil law "and other regulations in our country,the author thinks that the owners' congress and the owners' committee does not have the qualification of independent legal person.The third part analyze the foreign owner autonomous legislation pattern research,on the basis of comparing method analyzing the beneficial reference and enlightenment of the foreign legislative cases,all of which should be admitted to distinguish management groups(i.e.,the owner groups),and formulate the corresponding supporting system,in order to build a complete system of owner autonomy.The fourth part,from the perspective of the problem of owner autonomy system in China,mainly discusses the lack of the current owner group,the owner autonomous body as well as the disadvantages of the resulting,details the establishment proprietor group and its necessity and urgency of the supporting system.In the fifth part four part of this paper,on the basis of the author's viewpoint is put forward,namely our country building community group owners' assembly and the owners'committee shall be the owner of the concept of a superior internal institutions,unincorporated nor any other organization,our country legislation should be introduced and establishing the system of "owners groups" as soon as possible,and logically to further clarify the legal status of proprietor group internal institutions,in order to better promote the development of autonomy construction owners of the community.