“城市开发”名义下的业主维权障碍解析

An Analysis on the Obstructs of Owners' Safeguarding Rights under the Background of "Urban Development"

本文在"经营城市"和"城市开发"的背景下阐释房地产市场利益主体的博弈关系,认为在房地产市场上,政府是土地的供给方,也是规划和配套、监管和规则的组合供给者,作为具有谋利化倾向的市场多元供应主体,政府与开发商理所当然结成合法性利益关系,这使得房地产市场上业主群体的维权行为遭遇来自地方利益群体的"自我保护机制"的阻碍,如信息不对称、媒体失语和政府部门的"不作为"等,从而导致现阶段房地产市场业主维权困难。

This paper will clarify the game relationships between the various stakeholders on the real estate market under the background of ＂City Management＂ and ＂Urban Development＂.On the real estate market,the local governments supply not only the land,but also the plannings,the supportings,the regulatory and the rules.As the multiple providers which have the tendency of the benefits or reduce,the local governments and the developers are growing legitimate benefits relationship step by step.This would cause the phenomenon that the behaviours of owners＇safeguarding rights on the real estate market experience the obstructs from the local interest groups,such as information to be blurred,medium to be silent and government to be passive,and so on.So all this can lead to various difficulties of the owners on the real estate market.