| The first chapter is about the nature and function of maintenance fund.By the nature of the maintenance funds in different theories,namely the special funds and trust fund to carry on the analysis,it is concluded that the essence of the maintenance fund property owners,property is attached to distinguish between common parts,the conclusion for the owner to exercise the right of common maintenance funds,the government as the core of the exercise of public power of ownership necessary regulation provides the necessary foundation.As for the function of maintenance funds,through the historical research on the origin and development of maintenance funds,it is concluded that the objective function of maintenance funds lies in the social public life guarantee,that is,the purpose of the maintenance funds established by the government is to guarantee the safety and normal use of social housing by ensuring the normal maintenance of public parts.The second chapter is about the nature of the legal relationship of maintenance fund.The maintenance fund co-ownership relationship is analyzed on the basis of distinguishing the co-ownership relationship.Through the analysis,it is concluded that the maintenance fund co-ownership is not shared by shares,nor is it co-ownership,the two kinds of co-ownership conflict with the maintenance fund co-ownership in terms of characteristics,and the maintenance fund co-ownership cannot be explained.Through the analysis,it is found that the nature of the legal relationship between maintenance funds is always there,and its legitimacy lies in the fact that the essential characteristics of the two are consistent with each other.The group management,punishment and individual use and profit have legal legitimacy.The necessity lies in that there is generally no solution to the problems in the maintenance funding relationship,but there is always a solution to the related problems.The third chapter is about the current regulation mode of maintenance fund.Through the investigation of China’s current maintenance fund legal system,and the local maintenance fund management practice,clear maintenance funds to pay the main body,standard,way,use procedures,value maintenance,management mode and related judicial practice of the specific situation;By analyzing the contents of the current maintenance fund legal system,the author finds that the public management features are prominent,and concludes that the value orientation of the system in practice is to protect social public interests.This paper summarizes the problems existing in the collection,use and value maintenance of maintenance funds under the current regulation mode in China,and analyzes the relevant reasons.The fourth chapter is about the choice of regulation mode of maintenance fund.Through the analysis,it is found that the regulation mode of owners’ organization autonomy and the government’s proper supervision of maintenance funds has legal legitimacy and practical necessity.Its legitimacy lies in that the mode conforms to the value orientation of the differentiated ownership system of buildings,conforms to the principle of private law autonomy,and conforms to the legal theory of the public right restricting private right appropriately.The necessity lies in the conformity with the international practice experience,realizes the better maintenance fund management goal,maintains the group interest and takes into account the public interest protection.The fifth chapter of this paper is to construct the mode of maintenance capital owner autonomy.Firstly,the principle of collectivism is to make clear that the main body of owner autonomy is the owner group and the right and obligation relationship of maintenance fund.Next,centering on the management and disposal of maintenance funds of the owner’s group,the specific rights and obligations in the maintenance fund relationship between the owner’s group and the owner are determined respectively with the use,revenue and exercise of member rights as the core.Secondly,through the establishment of the owners of the organization,the owners of the general assembly,the owners of the committee,the board of supervisors of the rules of procedure,powers and powers of the owners of the internal governance of the organization to improve the content.Through the determination of the above rights and obligations and the improvement of the content of the governance model,the model of the maintenance capital owner autonomy is constructed.The sixth chapter is about the improvement of government supervision under the mode of maintenance fund autonomy.Through the investigation of the international practice and the analysis of the specific situation of our country,the government’s restriction mode is perfected in the process of collecting,using,maintaining and increasing maintenance funds.It is suggested that the government should make clear the standards and methods of collection,cooperate with compulsory collection,carry out government subsidies,make compulsory partial insurance,make clear the scope of use,introduce the supervision mechanism of double examination and verification,and allow conditional maintenance funds to be invested and managed. |
