论日本业主自治法律制度及对我国之借鉴
发布时间：2018-11-20 12:50
【摘要】：由于我国城市化起步较晚,导致城市住宅区业主自治制度的发展长期处于萌芽状态。随着我国城市化的高度发展,尤其是近几年房地产业的崛起,城市中增加了大量的多层建筑和新型住宅小区。关于业主自治制度的建设已经存在实际的要求。当前我国的《物权法》虽然初步确立了业主自治法律制度的框架,但在实践中所产生的各种法律问题显示出目前的制度仍不尽人意,无法有效的解决业主面临的困难,从而导致业主的合法权益受到侵害的事件时有发生。因此借鉴其它国家制度建设的经验和做法,改善我国的业主自治法律制度,对我国物业管理和城市社会的发展将会起到重要作用。 本文第一章通过介绍日本业主自治法律制度发展的历史进程,了解日本在城市化发展过程中所产生的业主自治问题,在日本是如何通过立法予以解决。第二章分析当前日本法律关于业主自治制度的规定,展现其对业主自治法律制度框架的构成模式,并且合理借鉴日本的法律成果。第三章针对我国当前业主自治制度所存在的问题,比如业主的自治意识淡薄,有关业主自治的法律规定过于笼统,在实践中缺乏可操作性,业主自治机构的法律地位不明确,运作无法得到法律规范,管理规约效力低下,政府职能部门对业主自治制度的长期忽视等,提出改善的建议,以期改善我国的业主自治法律制度。
[Abstract]:Due to the late start of urbanization in China, the development of owner autonomy system in urban residential areas has been in its infancy for a long time. With the development of urbanization in China, especially the rise of real estate industry in recent years, a large number of multi-storey buildings and new residential areas have been added to the city. About owner self-governing system construction already has the actual request. Although the legal system of owner autonomy has been preliminarily established in our country, various legal problems in practice show that the current system is still unsatisfactory and can not effectively solve the difficulties faced by the owners. As a result, the owner's legitimate rights and interests are violated from time to time. Therefore, it will play an important role in property management and the development of urban society in our country by using the experience and practice of other countries for reference and improving the legal system of owner autonomy in our country. In the first chapter, by introducing the historical process of the development of the legal system of owner autonomy in Japan, we understand the problem of owner autonomy in the process of urbanization in Japan, and how to solve it through legislation in Japan. The second chapter analyzes the current provisions of Japanese law on the owner autonomy system, shows its structure of the legal system of owner autonomy model, and reasonable use for reference of Japanese legal achievements. The third chapter aims at the problems existing in the current owner autonomy system of our country, such as the weak sense of autonomy of the owner, the general legal provisions on the owner autonomy, the lack of operability in practice, and the unclear legal status of the owner autonomy organization. In order to improve the legal system of owner autonomy in our country, the operation can not be regulated by law, the effectiveness of the management statute is low, and the government function department has neglected the owner autonomy system for a long time, and put forward some suggestions to improve the legal system of owner autonomy in our country.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D931.3;D922.181;D913
本文编号：2344958
[Abstract]:Due to the late start of urbanization in China, the development of owner autonomy system in urban residential areas has been in its infancy for a long time. With the development of urbanization in China, especially the rise of real estate industry in recent years, a large number of multi-storey buildings and new residential areas have been added to the city. About owner self-governing system construction already has the actual request. Although the legal system of owner autonomy has been preliminarily established in our country, various legal problems in practice show that the current system is still unsatisfactory and can not effectively solve the difficulties faced by the owners. As a result, the owner's legitimate rights and interests are violated from time to time. Therefore, it will play an important role in property management and the development of urban society in our country by using the experience and practice of other countries for reference and improving the legal system of owner autonomy in our country. In the first chapter, by introducing the historical process of the development of the legal system of owner autonomy in Japan, we understand the problem of owner autonomy in the process of urbanization in Japan, and how to solve it through legislation in Japan. The second chapter analyzes the current provisions of Japanese law on the owner autonomy system, shows its structure of the legal system of owner autonomy model, and reasonable use for reference of Japanese legal achievements. The third chapter aims at the problems existing in the current owner autonomy system of our country, such as the weak sense of autonomy of the owner, the general legal provisions on the owner autonomy, the lack of operability in practice, and the unclear legal status of the owner autonomy organization. In order to improve the legal system of owner autonomy in our country, the operation can not be regulated by law, the effectiveness of the management statute is low, and the government function department has neglected the owner autonomy system for a long time, and put forward some suggestions to improve the legal system of owner autonomy in our country.
【学位授予单位】：西北大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D931.3;D922.181;D913
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