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Urban Community Self structural Legal Issues

Author: ChenMeng
Tutor: LiChangCheng
School: Capital University of Economics
Course: Economic Law
Keywords: Urban communities owners of self-limited self-government model of self-government Owners of the General Assembly Owners Committee Community neighborhood
CLC: D922.29
Type: Master's thesis
Year: 2010
Downloads: 149
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Abstract

The urban community autonomy is derived from the autonomy of private law, use for reference public law to become a new type of special autonomy. It was drawing on the nationality administrantion to some extent, depends on the theoretics of buildings classification ownership self-management model, in order to separated property owners for housing ownership and management. With the development of society, private law also began to draw on the field of public law in the management model, such as the company’s shareholder meeting, the board of supervisors that draw on legislative power, executive power, judicial power mode of separation of the establishment, Rousseau’s "Social Contract" also applies to small-scale management of social groups, My structure in this paper for the discussion of self-government in urban communities is precisely based on this theory and model.In recent years, urban communities of autonomy,appear out of the issue in practice have become increasingly prominent, the dissension about owner of autonomy seriously affect the social stability on the rise year after year. I think that the absence of legislation, administration of the vacancy, and the sense of indifference of democratic participation for the owners are the main reasons for community self-government dissensions.Therefor strengthening legislation, to establish effective legal remedies and to change the administration mode of self-government, introduc the neighborhood grass-roots democratic leadership based on the improving of the owner’s ability. And that sense of participation is preventive and effective measures to resolve such disputes. This is exactly the practical significance of this paper.In this paper I intends to proceed from the basic principles of economic law, through the Civil and Commercial Law and administrative law as a background for analysis and discussion, finally put forward a sound legal advice autonomy in urban community autonomy.First of all, the first chapter introduces the basic concepts and theoretical of community autonomy, from the macro-level to conduct a general description of the community autonomy status quo, through the various contradictions that exists in reality for the following community self-government in the elaboration of the legal relationship to provide foreshadowing. The second chapter describes the urban community autonomy in United States, Japan, Singapore, represented by the typical foreign community governance model. ChapterⅢ, carry through a systematic analysis of the urban community autonomy. This section pointed out the problems in urban community autonomy, combined with the the basic knowledge discasside in the first two chapters and carried out the difficulties encountered in each analysis to demonstrate the necessary solution by the legislation, in practice for urban community autonomy model in our country. Chapter IV targeted at specific issues reflected in proposed to the owners for the right of the community with limited autonomy.I hope that through the completion of this paper, we can definitude the concept of urban community autonomy and the corresponding legal relations, criterion its operate in practice, through the legal system and to neighborhood-based to improve "limited community autonomy " model,made forth better coordination of community conflicts, protecting the rights of owners to promote community-based grass-roots democratic self-government is more standardized, effective development.

Urban Community Self structural Legal Issues

Abstract

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