Research on the Operation Mechanism of House-owner Convention in China Abstract House-owner convention is an important participant and segment in the property management activities and whether House-owner convention has a good operation and healthy development or not, it will affect all the owners’ benefit protection in the residential area. As house-owner convention started too late, lacking relevant laws and regulations, and the autonomous conscience of owners was not improved than before, so the development of owners ’autonomy has been stagnated. For a long time, people have recognized that the house-owner convention have a function of holding a conference, but ignored its organizational characteristics. I hope through discussing the organizational characteristics about house-owner convention, which represents all the owners’ benefits, to find problems in the operation and give my views about it. Through comparing with the condominium associations in the foreign countries and using the experience of the governance model in company law, I will put forward some solutions to solve problems and make some suggestions on improving laws. The whole text is divided into six chapters: The first chapter is an overview of the house-owner convention in China. For a Strat, the range of owners will be distinguished and there are two meanings in the house-owner convention and we should pay more attentions to the organizational characteristics. Furthermore, according to development trends and explorations in the real life, I support that the corporate personality is the best way for the house-owner convention. At last but not least, summarizing the basis of the house-owner convention and its historical developments. The second chapter is to build the internal structure in the house-owner convention. Referring to the experience of governance model in corporation law, it contains three parts: owners’ congress for forming common consciousness, owner committee for executing resolutions and supervisory organization for the owner committee. The owners’ congress includes the first owners’ meeting, the general meeting and the temporary meeting. A complete meeting also includes the convening procedure, voting procedure and resolution procedure. The owners’ committee is the executive body in the house-owner convention. With the existing condition, the administrative supervision for the house-owner convention and the owners’ congress are more than inter supervision, so we should build the special organization to supervise them. The third chapter is legal issues in the operation of house-owner convention. On the one hand, finding out problems of the procedure of the owners’ congress. On the other hand, pointing out questions in the owners’ committee. The fourth chapter is a proposal for problems of the overall operation of the house-owner convention. Firstly, during the period of convening meetings, the first owners’ meeting should be enforced and reduce the conditions for convening it. Secondly, during the period of the general meeting and the temporary meeting, the scope of conveners should be expended and the form of network meetings also should be increase. If resolutions will not be made, we should convene the second meeting and reduce the proportion. We also should give a few owners some special vetoes when the resolutions will damage their interests and improve the owners of voting agents system. Finally, we must perfect the system of selection of owners’ committee and establish reward system and build a specialized supervisory body. The fifth chapter is the summary of the whole text. Keywords: House-owner convention , Organizational structure , Operating mechanism

我國業主大會運行機制研究 摘要 業主大會是物業管理活動中重要的參與者，也是物業管理中不可缺少的環節，業主大會是否能良好的運作和健康的發展，關係到小區全體業主的利益保護。由於我國業主大會起步較晚，所以與此相關的法律法規並不健全，再加上業主本身的自治意思不高，致使業主自治一直停滯不前。長期以來人們公認了业主 大会是全体业主議事的形式，忽略了其組織的特性。筆者希望通過業主大會是代 表全體業主利益的組織團體入手，就整個業主大會運行中的問題原因闡述自己的觀點。通過和域外管理團體做對比，借用公司法相關治理模式，提出解決問題的辦法，此基礎上提出完善我國業主大會相關法條。 全文共分為五個章節：第一章是對我國業主大會整體的概述。首先對我國業主的範圍進行界定。其次針對業主大會的包含的兩層含義，提出應該重視業主大會是形成與表達全體業主意思的組織。并就業主大會發展趨勢和現實生活的探索，指出法人人格化是最佳選擇。最後概括業主大會的產生基礎和歷史發展。第二章是構建業主大會的組織機構。按照現有的構造，業主大會可以參照公司法治理模式，由意思決策機構業主大會會議、執行機構業主委員會和相應監督機構組成。業主大會會議包括了首次業主大會會議、定期會議和臨時會議。一次完整的會議還包括會議的召集程序、表決程序和決議程序。業主委員會又屬於業主大會的內部機構。按照現行的規定，對於業主大會和業主委員會的監督，基本上都是外部的行政部門監督，對於內部監督幾乎沒有，所以應該建立專門的監督機構。 第三章是業主大會運行中的法律問題。一方面是會議召開和決議過程中問題，另 一方面是業主委員會存在的問題。第四章是針對業主大會整體上運行的上的問題提出建議，一方面借鑒國外會議中的召開模式、和決議模式以及管理團體的監督模式中的成熟經驗，完善我國現有業主大會的運行。另一方面根據我國業主大會運行法律設立存在的問題提出相應的解決方案。第五章是對全文的總結。 關鍵字：業主大會，組織架構，運行機制