我国物业小区自治管理机构研究
发布时间：2018-12-15 10:48
【摘要】： 城市物业小区的数量逐渐增多,规模逐渐扩大,物业管理成为热点话题。上个世纪八十年代我国引进了物业管理制度,经过二十多年的发展,我国物业管理水平有所提高：业主自治概念逐渐为人们所接受；物业服务企业的服务水平也有所提高。但物业小区管理过程中仍然存在各种纠纷,特别是出现了不少暴力纠纷的事件,严重威胁到物业小区的稳定和和谐。 追其根源,物业小区纠纷不断、物业管理水平不高源于我国物业小区自治管理机构的组织结构和运作存在问题。大多学者已经认识到我国现行法规定的物业小区自治管理机构——业主大会和业主协会存在的各种问题,比如成立难、运作困难、运作效果不佳等,也提出了各种解决方法,比如完善监督机制、赋予业主大会独立的法人地位、赋予业主委员会民事诉讼主体地位或独立的法人地位、增强居民委员会和街道办事处在物业管理中的作用；等等。但这些方法在理论上都存在缺陷,在实践中也不可行。 本文在分析了我国物业管理存在的基本问题后,详细论述了我国现行法规定的物业小区自治管理机构的现状和存在的问题,借鉴了美国成熟的物业小区自治管理机构制度和公司法的组织机构框架,提出应该在我国物业现行法上实现突破,采纳“业主协会”的概念,业主协会拥有独立的法人资格,其组织机构包含业主大会和业主委员会,理顺业主协会与物业服务企业、开发商、居民委员会和街道办事处的法律关系,从而解决我国物业管理中存在的各种问题,实现物业小区的良好自治管理,为建设和谐的社会小区和和谐的社会而努力。
[Abstract]:The number and scale of urban residential areas are increasing gradually, property management has become a hot topic. In the eighties of last century, China introduced the property management system. After more than 20 years of development, the level of property management in our country has been improved: the concept of owner autonomy has gradually been accepted by people, and the service level of property service enterprises has also been improved. However, there are still various disputes in the process of property estate management, especially many violent disputes, which seriously threaten the stability and harmony of the property district. In order to find out the root of the problem, the disputes in real estate district are constant, and the low level of property management originates from the problems in the organizational structure and operation of the autonomous management organization of the real estate district in our country. Most scholars have recognized the problems of the owners' Congress and owners' associations, such as the difficulties in setting up, operating difficulties and poor operational effects, as stipulated in the current law of our country, and have also put forward various solutions. For example, improve the supervision mechanism, endow the owners' Congress with the independent legal person status, give the owners' committee the status of the main body of civil litigation or independent legal person status, strengthen the role of the residents' committee and the street office in the property management; Wait However, these methods have defects in theory and are not feasible in practice. After analyzing the basic problems of the property management in our country, this paper discusses in detail the present situation and problems of the autonomous management organization of the real estate district, which is stipulated by the current law of our country. This paper draws lessons from the mature system of the self-governing institution of the real estate community and the organizational framework of the company law in the United States, and puts forward that we should make a breakthrough in the current law of property in our country, and adopt the concept of "owner's association", which has an independent legal personality. The organization includes the owners' Congress and the owners' committee, straightens out the legal relationship between the owners' association and the property service enterprises, developers, residents' committees and street offices, thus solving all kinds of problems existing in the property management in our country. To realize the good autonomous management of the real estate district and to build a harmonious social district and harmonious society.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：F293.33
本文编号：2380510
[Abstract]:The number and scale of urban residential areas are increasing gradually, property management has become a hot topic. In the eighties of last century, China introduced the property management system. After more than 20 years of development, the level of property management in our country has been improved: the concept of owner autonomy has gradually been accepted by people, and the service level of property service enterprises has also been improved. However, there are still various disputes in the process of property estate management, especially many violent disputes, which seriously threaten the stability and harmony of the property district. In order to find out the root of the problem, the disputes in real estate district are constant, and the low level of property management originates from the problems in the organizational structure and operation of the autonomous management organization of the real estate district in our country. Most scholars have recognized the problems of the owners' Congress and owners' associations, such as the difficulties in setting up, operating difficulties and poor operational effects, as stipulated in the current law of our country, and have also put forward various solutions. For example, improve the supervision mechanism, endow the owners' Congress with the independent legal person status, give the owners' committee the status of the main body of civil litigation or independent legal person status, strengthen the role of the residents' committee and the street office in the property management; Wait However, these methods have defects in theory and are not feasible in practice. After analyzing the basic problems of the property management in our country, this paper discusses in detail the present situation and problems of the autonomous management organization of the real estate district, which is stipulated by the current law of our country. This paper draws lessons from the mature system of the self-governing institution of the real estate community and the organizational framework of the company law in the United States, and puts forward that we should make a breakthrough in the current law of property in our country, and adopt the concept of "owner's association", which has an independent legal personality. The organization includes the owners' Congress and the owners' committee, straightens out the legal relationship between the owners' association and the property service enterprises, developers, residents' committees and street offices, thus solving all kinds of problems existing in the property management in our country. To realize the good autonomous management of the real estate district and to build a harmonious social district and harmonious society.
【学位授予单位】：首都经济贸易大学
【学位级别】：硕士
【学位授予年份】：2010
【分类号】：F293.33
【引证文献】
相关硕士学位论文 前1条
1 王静;我国城市社区业主自治问题研究[D];山东大学;2012年
，本文编号：2380510
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