城市社区业主维权的困境及破解之道——以Y市烂尾楼项目为例

The Predicament and Solution of Urban Community Homeowners’ Rights Protection—Based on the Case of the Unfinished Building Project in Y City

业主维权运动是继农民工维权、工人维权后的又一新兴社会运动。通过深入分析C小区八年维权案例,从行动者视角出发,将宏观制度和微观行动相结合,发现侵权是业主维权的直接动因,开发商和地方政府是烂尾楼业主维权的对象,上访、融资、诉讼、协商是烂尾楼业主维权的主要途径,抗争型维权和常态化维权两种方式并存。在维权抗争中,业主们主要面临着制度困境、合法性困境、组织困境和结构困境,造成业主维权面临政治和法律风险。困境的破解之道在于将矛盾问题化处理、发挥骨干作用推动维权组织化、寻求关键性资源和制造社会舆论,而寻求政府的支持是重要的突破口和关键点。

The homeowners’ rights movement is an emerging social movement after the rights of migrant workers and workers. Through in-depth analysis of the eight-year rights protection case of C community, from the perspective of actors, combining macro systems and micro actions, it is found that infringement is the direct cause of owners’ rights protection, while developers and local governments are the objects of rights protection for owners of unfinished buildings. Petition, financing, litigation, and negotiation are the main ways for owners of unfinished buildings to protect their rights. There are two ways to coexist: resistance-based rights protection and normalized rights protection. In the struggle for rights protection, homeowners mainly face institutional difficulties, legitimacy difficulties, organizational difficulties, and structural difficulties, resulting in political and legal risks for homeowners’ rights protection. The solution to predicaments lies in addressing contradictions and issues, acting a backbone role in promoting organizational level, seeking critical resources, and creating public opinion. Seeking government support is an important breakthrough and key point.