结构约束下业主委员会的生存困境分析

发布时间：2019-01-04 23:20

【摘要】：改革开放的深入引起了我国一系列的深刻变革。在经济体制转轨、单位制消解的情况下,房屋私有、社区自治日益成为主流。于是一个基于房屋产权的新兴社区自组织——业主委员会成为研究和关注的焦点。由于业主委员会先天与公民社会的耦合性,很多学者对它在促进中国公民社会建设中的作用寄予厚望。尽管经济的发展和国家相继出台的相关法律法规为业主委员会的发展创造了有利条件,但是在实际运作中,业主委员会却遇到诸多困难。本文选取哈尔滨市具有典型代表性的三个社区为个案,以“过程-事件分析”的视角,通过业主委员会所经历的成立、换届以及维权等等动态的事件过程,采用“国家-市场-社会”为分析框架,分析业主委员会在筹备成立以及运行过程中所遇到的阻碍及其深层原因。社区是社会发育和生长的根基,社区中国家、市场与社会的关系可以折射出在整个大社会背景中,三者错综复杂的关系。本文试图厘清以居委会和街道办事处为代表的国家、以开发商和物业服务公司为代表的市场和以业主和业委会为代表的社会在社区这个浓缩的社会中的互动和博弈。本文通过对三个社区业主、业主委员会、居委会、物业服务公司等的深入访谈和对事件的分析,发现居委会及街道办事处、开发商及物业服务公司和业主的态度是业主委员会能否成立的关键因素,其中代表国家的居委会的态度有至关重要。而在业主委员会的运作过程中,面对街道办事处和居委会的上下级关系、开发商与物业公司的“父子”关系,业主与业委会间的关系却表现出了分离和聚合的两种不同形态。这两种形态对于公民社会的作用大不相同。在强大国家对社会的控制以及发育不完善的市场对社会的制约的双重压迫下,弱小的社会看似已不堪重负。但是公民社会的种子却在国家和市场的鼻息下,已渐渐萌发。
[Abstract]:The deepening of reform and opening up has caused a series of profound changes in our country. In the economic system transition, the unit system to eliminate the situation, private housing, community autonomy has increasingly become the mainstream. Therefore, a new community self-organization based on housing property-owners' committee has become the focus of research and attention. Due to the coupling between owners' committee and civil society, many scholars place great hopes on its role in promoting the construction of Chinese civil society. Although the economic development and the related laws and regulations have created favorable conditions for the development of the owners' committee, the owners' committee has encountered many difficulties in practical operation. In this paper, three typical communities in Harbin are selected as case studies. From the perspective of "process-event analysis", the dynamic event process, such as the establishment of the owners' committee, the transformation of the owners' committee and the protection of rights, is adopted. In this paper, the author analyzes the obstacles encountered in the preparation and operation of the owners' committee and its underlying causes by using the framework of "state-market society" as an analytical framework. Community is the foundation of social development and growth. The relationship between state, market and society in the community can reflect the complicated relationship among the three in the whole social background. This paper attempts to clarify the interaction and game between the community and the community represented by the neighborhood committee and the neighborhood office, the market represented by the developer and the property service company, and the society represented by the owner and industry committee. Through the in-depth interviews and analysis of the three community owners, owners' committees, neighborhood committees, property service companies, etc., we find that the neighborhood committees and street offices, The attitude of developers and property service companies and owners is the key factor to establish the owners' committee. In the operation process of the owners' committee, facing the relationship between the street office and the neighborhood committee, and the relationship between the developer and the property company, the relationship between the owner and the industrial committee shows two different forms of separation and aggregation. The role of these two forms of civil society is very different. Under the double oppression of the strong country to control the society and the imperfect market to restrict the society, the weak society seems to be overwhelmed. But the seeds of civil society have sprouted under the nose of the state and the market.
【学位授予单位】：哈尔滨工业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：C912.8;F293.33

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