从业主维权刍议中国城市社区管治重构

透过频繁发生的城市社区业主维权现象,从城市社会学的社区管治理论视角分析在房地产"后开发阶段"业主维权之特征和动因,探讨在快速城市化背景下,房地产开发中各种利益群体空间冲突的内在机制和缓解冲突的途径。研究表明,在转型期,城市社区业主维权特征表现出新的特征;业主维权是宏观社会背景、行业性质、市场机制和政府角色等因素共同作用的结果。随着业主民主权利意识的逐渐增强,市民社会在城市中产阶级社区中逐渐成为一股社区管治的重要力量,这将为基于社会公平和空间公正的社区基层自治模式的建立打下了良好的基础,政府与开发商应重视市民社会在房地产"后开发阶段"的角色。最后,文章提出维护城市社区的业主利益、推动和谐社区建设的根本在于社区治理中空间权力体系的重构。

PROPERTY OWNER'S RIGHT-KEEPING MOVEMENT AND THE RECONSTRUCTION OF URBAN COMMUNITY GOVERNANCE IN CHINA

By analyzing the frequent property owner's right-keeping movement in urban communities of China through the perspective of community governance,the authors try to summarize the main characteristics of the property owner's right-keeping movement and it's driving forces,and discuss the mechanism of spatial tension among different interest groups in the background of fast urbanization and the policies to ease it. In resent years,the right-keeping movement shows some new characteristics: firstly,right-keeping movement becomes a mass movement rather than an individual action;secondly,the institutions involved shift from single to multiple ones,including the property management company,the real estate company and the local government,which makes the movement much more complex and difficult;finally,the forms of the movement become diversified. The movement's driving forces are complex.In the background of urban development,social transformat-ion may lead to the possible violation of civil rights.In the industry of real estate,information asy mmetry is ubiquitous,which results in the frequent conflicts among different interest groups.In the background of fast urbanization,in the areas where the construction of market mechanism is slower than the process of urbanization,opportunism arise.Another driving force of right-keeping movement is the miss of the function of the local government. Along with the rise of the awareness of democratic rights,especially after the enforcement of the law of property,civil society has grown up to a part of political power in the middle class communities,which will be a good basis for the establishment of the community autonomy model.Analysis shows that community governance has its both theoretical and realistic basis. The conclusion is that both the government and the real estate companies should pay more attention to the roles citizens play in the "post-exploit" period of urban community construction.The key point of keeping the civil rights of the property owners,improving the community autonomy and constructing the harmonious urban community is the reconstruction of the power structure of the community governance.