Research On The Problems And Countermeasures Of Community Owners’ Rights Protection From The Perspective Of Cooperative Governance Theory

In the 1970 s,China’s economic system reform put an end to the era of welfare housing,giving birth to the rising of commercial housing,from which derived a new social group-the owner group.The owner purchases houses built by real estate developers,and the economic interest relationship between the two is established through contracts.The quality problems,sales problems and after-sales service problems of urban commercial housing have become the hot issues of complaints from owners or buyers.As a result,disputes such as the defects of commercial housing continue to rise.Even if the owners collect information before purchasing the house,there are uncertain factors between the two sides,such as property,the owners’ rights protection incidents emerge in an endless stream,which has become a common social phenomenon.Because most of the buyers or owners do not know much about the occurrence of real estate and the laws related to real estate,they can hardly find the quality problems of the house before purchasing the house and do not know how to claim for compensation and protect their rights.Some owners find a claim from the developer for the quality of the house and refuse to collect the house.But usually the owners fail in such battles and waste much money.Some owners are aggrieved,and even if they are not satisfied with the houses,they still go through the collecting procedures.Other owners were cheated by developers and found that the supporting facilities in the residential area were not up to date,the school district housing could not be implemented or the traffic could not be improved.Facing such sufferings,the owners can do nothing but to live with it.Even if they take measures to protect their legitimate rights and interests,they can hardly succeed.Upon this social phenomenon,this thesis,stepping out of conventional paradigm focusing on conflicts between the owners and the property management companies,attempts to sort out the common problems and common ways of rights protection through analyzing actual cases of some community owners in N City claiming legitimate rights when confronting real estate developers.Those common ways can be summarized as below: the way of inaction positive conflict approach,administrative rights protection approach,and judicial litigation approach.Besides,after in-depth analysis of the reasons for the formation of the dilemma,this thesis summarizes the reasons as below: the imperfect system of relevant laws and regulations,the absence of government supervision,the unequal information between owners and real estate developers,the weak awareness of owners’ risk prevention,and the lack of rights protection ability.Based on the theory of collaborative governance theory,this thesis proposes to strengthen the owner autonomy at the owner level and establish the owner committee from the perspective of the community owner,the real estate developer and the government,improve the quality supervision system at the level of real estate developers and strengthen enterprise autonomy management,strengthen the performance of government departments at the administrative level,and establish a supervision and reporting mechanism,and improve laws and regulations at the judicial level and clarify the rights and responsibilities of developers.