【作者】 韦金华；

【导师】 李珍刚；

【作者基本信息】 广西民族大学 ， 行政管理学， 2008， 硕士

【摘要】 我国自从二十世纪九十年代末开始取消福利分房、实行住房货币化政策以来,各地商品房小区发展迅速,商品房买卖成为一种频繁的市场交易行为,许多人通过购买商品房实现了“居者有其屋”的理想。然而,伴随着商品房开发与建设的深入进行,在商品房买卖过程中出现的业主与开发商、物业企业之间的纠纷层出不穷,因开发商侵权造成的业主维权事件频频发生,并已然发展成为当今中国城市社会的一个顽症。本文以逐步厘清商品房、商品房小区、商品房小区业主及其权益的界定为起点,追溯商品房小区业主权益保障问题产生的根源,剖析其中的制度缺陷为研究路径,试图透过小区业主权益发展过程中的种种现象,运用公共管理学、城市管理学、经济学和法学的相关理论,借鉴国外住房制度建设的相关经验,探求建立商品房小区业主权益的多元化保障路径。更多还原

【Abstract】 Commercial residential buildings have been booming since the welfare-oriented public housing distribution system was cancelled and the policy of capitalized housing was carried out in the late 90s’of the 20 century. Trading of commercial residential building merchandise has become a frequent market transaction under the socialist market economy system. Many people realized their dreams of having their own houses by purchasing commercial houses. However, with the development and construction of commercial residential buildings, conflicts between house owners and developers, and among property managing companies have been emerging endlessly. Owners’standing up to protect their rights against developer’s tortious acts occurs frequently and has become a stubborn problem in the urban community in China.With the purpose of exploring how to establish diverse security mechanisms for owners in commercial residential compounds, this article first gives definitions for commercial residential building, commercial residential compound, owners in the residential compound and their rights and benefits, then traces the causes for the occurrence of owners standing up to protect their rights and benefits, analyses policy defect and such atmosphere of owners’protection of their rights and benefits, using such relevant theories as public management, urban management, economics and law, and foreign experience in the development of housing policies.更多还原