On Joint Management Rights Of The Owners In Residential Compounds

According to the "property law" on the part of the building to distinguish the ownership of the provisions,the owner as the owner of the building,the building for the purpose of the exclusive part of the house,housing,such as the ownership of the exclusive part of the building,the joint part of the ownership and joint management of the rights.The owners’ joint management right evolved from the concept of "member right",which is exercised uniformly by the owners’ assembly and the owners’committee,including the right to vote,the right to establish the statute of autonomous management and the right to dismiss the managers.Regulations on the part of building differentiation ownership in legislation of our country lacking,in legislation,for a long time only "property management regulations" promulgated by the State Council in 2003(2018)and in 2007 enacted the physical law of the People’s Republic of China and in 2009 the ministry of the owners’ assembly and the owners’ committee to guide rules,etc.These laws and regulations have only made principles or basic provisions on the differentiated ownership of buildings,but the specific regulations on how to operate are not perfect and detailed enough to protect the interests of the owners of the differentiated ownership of buildings in an all-round way.This paper starts from the theory,explores the two epistemology and methodology in the traditional civil law:individualism and holism,draws on the new viewpoint of cooperation as the theoretical basis for analyzing the owners’ joint management right,and proposes to design the owners’ group system with cooperation.Secondly,on the basis of revealing the connotation and institutional value of owners’common management right,it is proposed that the exercise of common management right is based on the differentiated ownership of buildings,the exercise subject is owners’ congress and property service enterprises,and the exercise rule is owners’autonomous management statute.Therefore,returning to reality,this paper analyzes the difficulties encountered by owners in exercising joint management rights,mainly including unclear nature of owners’ group,lack of cooperative consciousness and right consciousness of owners,etc.At last,the paper draws lessons from the advanced system design of some regions in China,and puts forward some Suggestions,such as clarifying the principal position of the proprietors’ congress,guaranteeing the proprietors’ right of autonomy,and promoting proprietors’ cooperation with reasonable administrative intervention.