开放商品房住宅小区的法律思考

Abstract

Commodity residential district is an important part of China's urban housing supply system. The large scale and closed design concept and construction mode has planted latent legal risks on commodity residential quarter as follows: the difficulty in exercising the condominiums rights, the huge gap of fund for major overhaul, no payment is made for the upkeep of underground pipeline and so on. The opening residential quarter can provide an opportunity for the solution of the above problems, but the specific operative mode is indeed a problem because it involving the vital interests of the residents which does not allow to belittle. Under the premise of not contrary to the existing laws and regulations and ensure that the owners of private property is not violated, adopting certain feasible approach such as the “rental”, “self-operating” or “conditional dotation” to open the commodity residential quarter not only can realize the “gradually opening of district” policy advocacy, but can also avoid going through the trouble of legislation and relevant amendments. The separability feature of the condominium ownership of public land in Commodity residential district has provides the possibility for opening the district. Feasible approaches such as “rental”, “self-operating” or “conditional dotation”, however, must be established on the basis of the owner's autonomy. Under the rule of law and in the trends of the owners' awareness and capacity of law enhanced, the implementation of these approaches require government propaganda and some soft interventions.