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Rebuild of the Proprietor Committee Mechanism in a Trust Pattern

Author: WangYaZuo
Tutor: JinKeKe
School: East China University of Political Science
Course: Legal
Keywords: Owners Committee Trust Mode Reconstruction
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 79
Quote: 1
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Abstract

China has been the owners of the Commission, as the executive body of the owners to locate and make system design, so the model of development so far, although after grinding through legislation and practice has become more stable, but still exposed many Serve modes are difficult to solve issues such as the legal status of vague legal relationship is not clear, sources of funding can not be guaranteed, supervision and lack of incentives, etc. These problems are inherent to the original model, it is difficult or through legal amendments to the implementing rules of the perfect solution. October 1, 2001 from the implementation of the \provides another possible legal design. As the Trust is increasing adoption of modern society, as well as in practice there will be community property in trust for the management of the situation, I believe that with the committee system owners trust model based design conditions have been met, that is, from this perspective, this paper launched system feasibility study, in order to obtain a positive theoretical and practical results. This paper is divided into four parts, the first part of the presentation from both domestic and foreign owners of the Commission's current institutional design and characteristics of the domestic side describes the existing legislation, the key concepts and features of the owners' committee, etc., from the foreign side State of the owners of several typical committee system design from the start, were introduced legal system, legal person and compromise the system design of the system, such as different programs and their characteristics; second part focuses on three levels of existing owners of the Committee pointed out the inherent mode issues, including the legal status of the owners of ambiguity caused by the lack of independent decision-making authority and the Commission can not effectively carry out human rights activities, the legal relations arising from the lack of clarity in the building owners and property owners' committee unable to strike a balance between the company and has been disturbed by the conflict neighborhood functions , compensation incentives and lax supervision missing bring lower degree of specialization, etc.; third part is the focus of this paper and the core value of the part of the system introduced in the legislative environment of trust, based on the principles of trust law with the owners committee system redesign, and pointed out that the design after refactoring why the original model targeted to solve unsolvable problems; final part pointed out the problems after reconstruction, mainly because the system has become available Serve the dominant legal system, relevant social and judicial practice have been commenced, and the implementation of an environmental trust law in our country there are still many imperfections, plus there are many conflicts between the two modes, so the reconstructed system is implemented there difficulties, the paper concludes with a proposal to solve the conflict.

Rebuild of the Proprietor Committee Mechanism in a Trust Pattern

Abstract

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