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业主自治,是指在物业管理区域内的全体业主,基于建筑物区分所有权,依据法律、法规的规定,根据民主的原则建立自治组织、确立自治规范、自我管理本区域内的物业管理活动的一种基层治理模式。近年来,业主自治在实践中显现出来的问题日益突出,业主自治纠纷逐年呈上升趋势,严重的影响了社会的安定。笔者认为,立法上的缺失、业主民主参与意识的淡漠以及信息障碍是引发业主自治纠纷的主要原因。尽管《物权法》对业主自治制度有新的规定,但还不能解决业主自治问题,为此,加强立法,建立有效的法律救济手段以及提高业主的自治能力和参与意识是预防和解决这类纠纷的有效措施。
Owners Autonomy refers to all property owners in the property management area, based on building ownership, according to laws and regulations, the establishment of an autonomous organization based on the principle of democracy, the establishment of autonomous norms, self-management of the region’s property management activities Grassroots governance model. In recent years, the problems that owners autonomy have emerged in practice have become increasingly prominent. Owners’ autonomy disputes have been on the rise year by year, seriously affecting the stability of the society. The author believes that the lack of legislation, indifference to owners ’sense of democratic participation, and information barriers are the main reasons that lead to owners’ autonomous disputes. Although the Real Right Law has new regulations on owners ’autonomy system, it still can not solve the problem of owner autonomy. Therefore, it is necessary to strengthen legislation, establish effective legal remedies and enhance owners’ autonomy and participation awareness to prevent and resolve such disputes Effective measures