What does community integrity mean?

Investigation report on Beijing property community

(The original title is "Preliminary Statistical Analysis Report on the Survey Data of Owners' Autonomy Ability in Beijing Property Community", which was changed when it was released. This project is funded by George Washington University Law School and Zhongluyuan Co., Ltd., and it is a harmonious community development center project-a study on the development of owners' autonomy in Beijing property community. The full text is about 15000 words).

First, the investigation and study on the autonomy of owners in residential quarters.

(A) the theoretical background of the study

The transformation of China's economic system has triggered the transformation from China society to civil society, which is characterized by the structural changes of grass-roots society, resulting in the same interests and their legal organizations based on private property, and the owners of urban residential quarters are one of them. Since the 1990s, housing has changed from state-owned property to private property in the planned economy era, and the change of property right relationship has led to the change of social governance structure. In urban residential areas, commercialization and socialized management have replaced the administrative management mode of the original housing management department. At the same time, the community governance model based on property rights has been put into practice, and the grass-roots community governance model is changing from administrative management model to community autonomy model: residents/owners become the main body of community autonomy.

Owners' organizations are purely mass autonomous organizations, and their organizational characteristics are determined by the characteristics of "real right", which determines the relationship between the right subject and the right obligor based on real right. As the main body of property management in residential areas, the legitimacy of owners' organizations comes not from administrative authorization, but from commercial transactions, which are obtained by purchasing real estate and the property rights of buildings carried by houses. The interests of the owners are based on the property of the community, and the real estate and movable property (maintenance funds) in the community form huge assets. Whether the owners' organizations can manage and maintain this huge asset is the most serious challenge faced by grassroots communities.

The owner's right demand based on personal interests will objectively protect the public's interests. Because * * * has property rights, the right relationship between owners is closely related. Any owner who wants to protect his personal interests must care about and protect the property owned by * * * and the corresponding social order. In this way, personal interests will drive people to participate in the governance of the same affairs. When a person finds that it is difficult to effectively protect his property and rights by his own strength, he will unite with others to fight for the protection of his property and rights, so that his awareness of rights promotes the participation of the community. On the contrary, in the process of community participation, people will gradually form rational collective action knowledge and cooperation skills in the process of safeguarding rights. Through this process, a person becomes a citizen from an individual, that is, he not only cares about personal interests, but also cares about public affairs. He advocates his rights but also bears corresponding responsibilities and obligations. From this perspective, the emergence of community property disputes is of great positive significance to China's social transformation. And this kind of motivation is sustainable in essence, because the huge interest relationship of * * * property makes the owners have internal motivation to solve the problems of "hitchhiking", supervision, information cost, new system supply and so on in collective action.

The change of property right system has changed the allocation of rights and obligations, which has led to the change of social governance structure in China. Under the existing system in our country, the relationship among owners' organizations, residents' organizations, real estate development enterprises, management service enterprises and local governments has formed a new order relationship in the local society through the material platform of * * * owning property in the community. Friction and conflict are both the resistance and the driving force of community development, because disputes and conflicts in human social life are inevitable, but human beings can learn valuable experience of rational behavior and cooperation from solving these conflicts, which is a compulsory course for establishing order and developing democracy and the rule of law. The settlement of disputes will become a way for citizens to practice autonomous governance of community affairs. Community governance is a skill that people can acquire through practice. As Tocqueville pointed out, community autonomy is a democratic school. By participating in community autonomy, people can learn the science and art of organization, which is the basis of maintaining freedom in a democratic society dominated by equality. It teaches people to use their abilities to obtain the same benefits while maintaining their freedom.

The development of owners' organizations has become one of the benchmarks for the development of civil society in contemporary China. Harold Boehlmann, for example, in his book Law and Revolution-The Formation of Western Legal Tradition, explained how the emerging merchant class made the concept and system of commercial law in the modern sense develop into a complete legal system in western society from the late 1 1 2nd century. The logic of the historical process revealed by him is: "the emergence of a new class is a necessary prerequisite for the development of a new society", and it is businessmen who lead to commercial law, not commercial law who create businessmen. Similarly, China's economic development and changes in property relations in the 1990s led to the birth of a large-scale class of property owners in urban areas. This change is the result and by-product of economic reform policy. However, this by-product is of great significance to the transformation of China. As Mr. Liang Zhiping pointed out: "In the long run, in the modern transformation of China culture and Chinese civilization, the most urgent need is a sound society that is independent, self-built, self-coordinated, and can effectively supervise and influence national decision-making." This "sound society" refers to civil society, and the owners' organization is one of the pioneers of this civil society. However, if the owners' organization can't effectively manage the property in the community, it will not only affect the stability and order of the community, but also lead to the destruction and depreciation of the property and environment in the community, which will make China civil society miss this hard-won historical opportunity of grassroots autonomy experiment.

(ii) Purpose of the investigation

As a new thing, the legal status and organizational characteristics of the owners' organizations are vague because of the nature of the system edge, and the academic research on community NGOs is relatively backward, which makes both official statistics and academic research lack sufficient attention and accurate grasp of the basic situation of the owners' organizations. In recent years, some scholars began to pay attention to it, carried out some small-scale investigations in their respective research fields, and obtained certain data resources. However, there is still a lack of comprehensive, standardized and sustained scientific investigation on the basic situation of owners' organizations. This is not conducive to the healthy development of community NGOs, nor to government management. Finding out the basic situation of the development of owners' organizations is the basis for formulating corresponding laws and policies and the condition for promoting the development and growth of their organizations. A comprehensive understanding of the owners' organizations through scientific investigation is also the premise and basis for promoting communication and coordination among all parties in the property community and resolving conflicts.

In this study, the autonomy of owners' organizations is the focus of investigation and research. As an autonomous community organization, the owners' organization is more grassroots than cross-regional, national and even international non-governmental organizations. It has great dependence on the social ecological environment, and also directly reflects all aspects of the grass-roots social ecology. The governance ability of owners not only determines their own survival and development, but also determines the success or failure of urban grass-roots society. As a non-profit organization, it can't attract participants by remuneration, but to a great extent depends on the investment of volunteers in time and energy. How can such a group overcome the "tragedy of the commons" and "collective action dilemma" and form an effective governance subject? What kind of social ecological environment factors does it exist and develop under? This is the main idea of this study. This research project only gives a preliminary data analysis and summary, but does not carry out in-depth data analysis and solid theoretical analysis.

(3) survey methods

Survey scope, unit and time span: The survey object of this project is 3000 commercial residential areas in Beijing. The investigation of this study takes a property community as the investigation unit, and the qualified objects who are willing to accept the investigation mainly interview the members of the industry Committee and fill in the questionnaire. The project began to be applied in 2005, and since June 5438+0, 2006, the survey data structure and questionnaire design have been revised many times (probably due to the lack of experience and coordination of investigators, too many revisions). The investigation time span is from March 2006 to February 2007. Due to the problem of time span, the state of some communities at that time was different from the current state and changed.

Sampling method: random sampling (convenient sampling) and large sample (138 plots) are adopted. This kind of sampling belongs to "non-probability sampling". Its limitation is the possible sample selection deviation. For example, most of the communities that enter our investigation scope and are willing to do the investigation belong to the parts with high degree of organization, strong autonomy of owners or serious property disputes in Beijing. They are more active, mostly because they participated in various activities, meetings or disputes that aroused social concern. So they contacted us and agreed to be interviewed. In this way, the samples rarely include those silent communities, so the samples used will lead to data estimation bias when representing the population and inferring its characteristics. But its positive significance is that it is exploratory and gives some typical information about the current state of things.

Remedy of sampling defects: because the basic data of newly developed communities are not within the scope of official investigation, it is impossible to obtain the required information from formal channels. Because of the particularity of the owners' organization in the property community, it is very difficult to determine the sampling frame and take the probability sampling survey, which makes the property disputes quite sensitive. On the other hand, the objective factor is the property dispute state of the property community itself, expect the unexpected. Disputes and conflicts may suddenly break out in the quiet community before. Even if probability sampling is strictly adopted, the maintenance of sampling frame can't keep up with the needs of sampling survey. Subjectively, due to the sensitivity of property disputes, the community parties in the sampling box are not necessarily willing to accept investigations and interviews. Therefore, the remedial measure of this study is to expand the number of samples to supplement the shortage of sampling. At present, our survey has covered about one-third of the residential areas with industry committees in Beijing, and some other methods, including typical cases and qualitative research, have been adopted to make up for and correct the objectivity of the survey data.

Investigation and verification: some problems were found in the collation of the investigation database, which were caused by misunderstanding between the investigators and the respondents. For example, regarding whether there is a "owners' meeting" system in the community owners' organizations, many interviewees mistake the informal "owners' representatives" for the formal "owners' meeting" system. For the data that obviously deviate from the empirical observation results, this project checks the suspicious data one by one and tries to correct the possible deviation.

Exponential design of questionnaire

Survey indicators need to reflect the characteristics, attributes or conditions of social phenomena in the process of investigation, and the design of survey indicators needs to form a logical system that not only reflects the content of research assumptions, but also conforms to objective reality under the guidance of research assumptions.

This project adopts a relatively simple data acquisition method. On the basis of our research, the research object is decomposed into several aspects, and then into various levels, until the most basic data unit. The classification and quantity of data items are as follows:

The definition and value of the data item under investigation try to show its objective state, for example, it is basically a question of whether, whether and how much. I hope that in this way, the deviation caused by people's subjective understanding differences can be reduced.

(e) index structure of survey data

As shown in the figure:

Part V Property Disputes

(2) Actions taken in property disputes

According to the survey data, on the one hand, the activities to solve the developer's problems are relatively carried out the most, with a relative advantage of 47% exceeding the actions to solve the other two types of problems, accounting for 36% to solve the property management problems, and relatively few to solve the owner's relationship problems, only 17%.

On the other hand, all actions taken to solve the problem are less than a quarter (24.2%) of property disputes. Among them, the problem-solving activities for developers account for 27.6% of its problems, the problem-solving activities for property management account for 2 1.5% of its problems, and the problem-solving activities for owner relations account for 23.2% of its problems.

Generally speaking, in the choice of solutions, consultation/negotiation, as the first choice of the owners, absolutely outweighs other methods with an overall proportion of 7%. In addition, contacting the government, legal proceedings and mediation are also important ways to solve the problem. As far as the actions taken on individual problems are concerned, developers and property management tend to choose negotiation/negotiation as the solution, while mediation, as an important way to solve problems, is mainly used in activities to solve the relationship between owners. The way that all three people like is negotiation. The second is to contact the government.

(three) the results of the actions taken by the owners in the property disputes.

On the whole, in the actions taken against property disputes, the total proportion of problems left by developers, property management problems and owners' relationship problems is only about 49%, and more than half of the actions are fruitless. 14.66% of the actions that received feedback were not solved at all, and 19.83% only solved a small part. For the property disputes in the community, the solution results are even less satisfactory: only 1 1.90% of the problems have been fed back; 3.55% of the disputes have been completely solved or mostly solved. 3.55% of the problems have not been solved at all, and 4.80% of the disputes have only been solved in a small part. At the same time, the proportion of partial solutions is high, and the unsolved part is more than 3 times that of the solved part. This can be seen directly from the picture below.

In view of the problems left by developers, it is difficult to get the results of action. Only 376 1% actions were fed back, of which 5 1% was partially solved, 37% was not solved, and 12% was solved.

With regard to property management, less than half (4,865,438+09%) of the actions received feedback, only 8% of the actions taken in property disputes were resolved, 62% of the actions were partially resolved, and the remaining 30% were not resolved at all.

In specific classified projects, the action against the owner relationship is more effective. Although no action has been taken on this issue. But 82.50% of the actions have feedback. The specific situation is: 12% of the actions have been completely solved, 67% have been partially solved, and 2 1% have not been solved. These results also reflect this phenomenon: personal disputes between professional opinions. When the owners face the collective of developers or property companies, their strength is too weak to catch up. The contradiction of the latter is more prominent. And it is difficult to solve.

Generally speaking, the result of property dispute resolution is that only 10.5% of all kinds of property disputes were finally resolved and 59.6% were partially resolved. Unsolved accounts for 29.8%.

(4) Comparative analysis of property disputes in residential areas with or without industry committees in Beijing.

Of the t38 communities surveyed in this project, 2 1 community has no industry committee, but there are owners' committee preparatory committee or preparatory group. We try to summarize and compare these two situations respectively. However, it should be noted that this comparative study may not accurately reflect the objective situation because of the sampling method and the small number of community samples without industry committees, and it is only a limited reference for exploring similar comparative studies in the future.

1 Comparison of types of property disputes in residential areas with or without industry committees in Beijing

Compare problem types with developers;

Property community organized by the owner: building quality 20%, pool area 18%, sales commitment 17%, planning change 17%.

Property community without owner organization: sales commitment 2 1%, quality 20%, pool 18%, planning change 17%.

Generally speaking. In communities without owners' organizations, as in communities with owners' organizations, the feedback of actions is about 50%.

Through data comparison, it is found that the number of property disputes between the two types of communities and developers is obviously different, and the types of disputes with developers are also different from those in communities where owners' organizations are established. Without the establishment of the owners' organization, the first dispute is the sales commitment. The difference of these data may reflect whether the previous problems can be solved after the completion of a property community. Because the communities that set up industry committees are generally organized in the early disputes with developers, in this way, in the communities that set up industry committees, the early disputes are solved more. In the community where the owners' organizations are established, the frequency of taking short actions against disputes with developers is also higher than that of the community without industry committees. So our assumption is. The degree of disputes with developers is the driving force that leads to collective rights protection and the establishment of owners' organizations in a property community.

In communities without industry committees, the most common problem is property management, and more than half (52 12%) of property disputes are caused by it, which is almost twice the problem left by developers (29%) and three times the problem of owner relations (19%). Among all the details of property management problems, the most problematic ones are cleaning and security and property management fees, with a very high proportion (both 76%) (both 18.6%). It may be assumed that there is an industry committee in the community, which can mediate the relationship between property management companies and owners and reduce property management disputes.

In our survey, the data on the proportion of disputes between owners are the same, and the nature of formal elections, discussion procedures or organizations is different from that of the community of the industry Committee. However, there are also contradictions among owners and between owners and owners groups that cannot be ignored.

2 Comparison of litigation types of property disputes between communities with or without industry committees in Beijing

As can be seen from the above table, in a community without an industry committee, the relatively drastic way is the first choice for people to solve problems, that is, the way of collective protest ranks first, and 17% is chosen as a whole on all issues. Second, when faced with the problems of developers, people are more willing to contact the media for exposure. Of course, on the whole, negotiation and mediation is still the first choice to solve the problem. Although it is not the first choice to solve problems, the proportion of negotiation in solving all problems is 13%, second only to collective protests. As far as solving the problem of owner relationship is concerned, up to 89% of the respondents are willing to choose mediation. This also reflects to a great extent that people are more willing to choose peaceful ways to solve problems. However, only 7% of communities without industry committees take legal action. Our preliminary conclusion is that only by setting up industry committees can rational collective actions be taken, including consultation or legal channels. Especially in Beijing, although the industry committee has no qualification as a litigation subject, in judicial practice, a large number of legal lawsuits filed in the name of the industry committee have been accepted, forming many landmark litigation cases.

3 Comparison of litigation results of residential property disputes with or without industry committees in Beijing

From a single point of view, in view of the same problems left by developers, the residential solution organized by the owners is slightly better. The situation of the community with owners' organizations is better than that without owners' organizations: the former is 8% and the latter is 0%, the former is 20% and the latter is 8%, and the proportion of the community without owners' organizations is also higher than 16 percentage points (46%-30%); In view of the problem of owners' relationship, whether it is completely solved, partially solved or completely solved, the situation of the community with owners' organizations is obviously better than that without owners' organizations. To sum up, from the data point of view, the function of the community with owners' organizations is obviously stronger than that without formal owners' organizations.

Generally speaking, the feedback of action is about 50% in the property communities without owners' organizations and those with owners' organizations. However, judging from the feedback results, the community organized by the owners has not yet been established. The proportion of unresolved is obviously more, and the proportion of solved and partially solved is also obviously lower than that of the property community where the owners' organization was established. Judging from the feedback results, whether the owners' organization is established or the community has not yet been established, the proportion of property disputes being partially resolved is relatively large, more than half. However, in the community where the owners' organization has not been established, the proportion of completely unresolved is obviously higher, and the proportion of completely solved and partially solved is lower than that of the property community where the owners' organization has been established.

Express gratitude/gratitude

Thanks to George Washington University and Zhongluyuan Consulting Co., Ltd. for their financial support and other help to this project;

Thanks to Cai, Meng Xiansheng, Wang, Zhang Lima, Shu Kexin, Wang Hai and the manager of the property company for their professional knowledge and contributions to the design of this project;

Thanks to Wang Feng,,,, Feng and Yang for their hard work in the investigation process;

Thanks to Chen Yizhen for designing and making the questionnaire format;

Thanks to Li Jie for her hard work in data initial work:

Thank Mr. Cao for his contribution in database structure design, establishment, data entry, analysis and drawing:

Thanks to Sun for his contribution in data analysis and chart making;

Thanks to the community industry Committee and the preparatory group of the industry Committee under investigation!