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我国《物权法》的颁布以专章对业主的建筑物区分所有权问题进行了规定,对业主自治给与了充分的肯定和保护,使业主自治权有法可依,但是实务中业主自治权的实现屡屡受阻,其中政府越权行政,造成责任不明,政府行为介入不当等是业主自治权益难以实现的重要原因。本文试图从政府在业主自治中的介入界限进行分析,以期对业主自治体制的构建以及和谐社会的实现有所裨益。
The promulgation of the “Property Law” of our country stipulates that the owners’ buildings should be separated from each other by the special chapter, which fully affirms and protects the owners’ autonomy so that the owners’ autonomy can be governed by law. However, in practice, the realization of the autonomy of the owners Repeatedly blocked, including the government over-power administration, resulting in unclear responsibilities, improper government intervention is an important reason for the owners autonomy is difficult to achieve. This article attempts to analyze from the government’s interventional boundaries in the autonomy of the owners, with a view to benefit the construction of the owners autonomous system and the realization of a harmonious society.