| In this article, we regard property management legal relationship of our country as the research object, combining the relevant legislative statutes, theory research results, the new situation and changes of real estate management system. What is more, we also explain and analyze some problems on property management. After which some suggestions are carried out to perfect present regulations. The main contents in this article as follows:Chapter one, some basic concepts and theories on property management are stated. We introduce the origin of property concept and its name, classify and summarize the present relevant legislative achievements on property management in terms of validity grade in law, outlining the basic frame of legal system of property management in our country. And also a brief introduction on the legal relationship of property management is given to be a preface for the following parts.Chapter two, it is talking about the subject of property management legal relationship, including owners, Condominium Management Organization and property management companies. What's more, the Condominium Management Organization in China is the major point we are talking about. After introducing the management of condominium in United States and analyzing the present problems in China, some suggestions are carried out to perfect property management law in the future.Chapter three, we mainly analyze the rights and obligations of each subject .The separate rights and obligations of owners, Condominium Management Organization and property management companies are discussed. Basing on rights and obligations, we focus on two questions, that's property charge and safety precaution obligation. We not only theoretically analyze the above questions, also discuss them using some typical examples. During discussion and analyses, some suggestions on property management legislation of our country are put forward to reduce disputes between owners and property management companies.In this article, we not only pay attention to the explanation of basic theories and law, but also emphasize the feasibility of solving the question existing in our legislation, in the hope of consummating the legal construction of property management. Drawing the experience of the domestic and international theoretical research and the lessons of the relevant legislative achievements in areas such as United States and Taiwan, we explain the rights and obligations among the subjects of property management in our country. In terms of legitimate rights and obligations of each subject on property management, the activities related to property management will be exercised more legally. And also it offers some new ideas on the development of property management legislation which is so important to millions of people. |
