浅议我国现行物业管理立法的缺陷和出路——以业主自治为视角

The defects of and remedy for current laws on property management in China -A study from the angle of property owners' autonomy

业主自治以建筑物区分所有权为基础,首先意味着业主对物业的自我管理。我国物业管理法规的缺陷在于,所确立的物业管理模式是由物业管理公司进行管理,排除了业主自治,法规对业主自治机构的权利设置存在缺陷,对业主公约的落实重视不够。这造成大量物业管理纠纷。解决之道在于制定体现业主自治的物业管理法,明确物业产权,制定物业管理标准。

Property owners＇ autonomous management, based on the property right, self-management of property owners. The defect of China＇s current laws on property management lies in the fact that properties are under the management of property management companies, excluding autonomous management of property owners. The laws and regulations on the rights of property owners＇ autonomous organs are defective and pay insufficient attention to the implementation of property own ers＇ agreement, which have resulted in a lot of complaints about property management. Therefore, it is imperative that the laws on property management should be remedied to stress property owners＇ au tonomous management. First of all, property ownership should be identified and standards for property management should be promulgated.