| With the development of urbanization,more people are concentrated in cities,and there are more and more large residential areas with a large number of residents,which leads to many legal problems in property management.The implementation of civil Code pays more attention to the protection of owners’ autonomy in property management,and the use of real right has changed from focusing on real right order to focusing on real right efficiency.The form of owner’s autonomy is the owner’s right to vote and the right to cancel,and the source of its right is the owner’s proprietary part of the ownership,the ownership of the common part of the ownership and the management of the building.The owner’s meeting is the way to exercise the owner’s autonomy.In the owner’s meeting,the owner exercises the common part of the voting right management of the major issues in the community,so as to realize the owner’s autonomy.The majority decision in the voting procedure of the owners’ meeting becomes the common will of the owners,thus deciding the matters within the community."Civil code" in the owners’ congress vote mechanism for revising and improving the part made larger,changed the owner congress resolution participation requirements and matters needing to set up the number of requirements,based on the change of the owners’ congress voting system and configuration problems as the key point,in order to further protect the rights of the owners,perfect the management of large area provides some reference opinions.The first part is an overall overview of the voting mechanism of the owners’ meeting,including the concept,characteristics and the process of the voting mechanism of the owners’ meeting,the theoretical and legal evolution of the voting mechanism of the owners’ meeting,detailing its significance in the field of private law.The second part is to analyze the problems existing in the owners’ congress of Our country,which is embodied in three levels: the early convening of the owners’ congress,the voting process and the relief afterwards.First of all,in the early stage of the meeting,according to the requirements of participation stipulated in the Civil Code,it is more difficult to establish the owners’ congress,and the relationship between the owners is strange and the owners exercise their rights negatively.In the voting process,the law on the owners’ right to know is vague,the owners’ intention is not true,and the owners are opposed within the group.In the case of after-action relief,the litigation cost of owners is high,the provisions on the legal subject status of owners’ meeting are absent,and the regulations on the supervising organization of owners’ autonomous organization are unclear.The third part aims at the problems found in the legislative and judicial experience,and makes a comparative analysis of the positioning of the legal subject of the owners’ congress,the convening requirements of the owners’ congress and the specific voting requirements.In particular,the provisions of the owners’ meeting in the representative continental law countries and the special administrative regions of China provide ideas for the legislation of the owners’ autonomy protection and property management in China.The fourth part is to draw lessons from the regulation ideas of the voting mechanism of the owners’ meeting inside and outside the domain and put forward corresponding solutions and improvement paths for the problems mentioned.It is necessary to construct the legal subject status of owners’ meeting,probe into the supervision organization of owners’ autonomous organization,and examine the application of the rule of "not participating in more".Secondly,the modern management technology of "double line" should be reasonably used to enhance the protection of owners’ right to know and simplify the procedure of owners’ right to remedy.Finally,strengthen the intervention of functional organs and promote the publicity and guidance of owner autonomy. |
