| Residential special maintenance fund ensures housing construction in the normal use after the expiry of the warranty, and it is special funds, which is paid by the owners. Residential special maintenance fund is a "pension" and "life insurance", residential special funds repair housing as related to the life of the people within the normal operating cycle of a basic system, so the Government has given high priority. As the special maintenance fund management has long been the adjustment range of administrative science and the residential property, coupled with the commercialization of our housing is not long, the relevant legal issues are still not fully exposed, the academic legal circles in particular, civil low pay little attention to this issue. With the appearing of 2008 "Property Law" and "Residential special maintenance fund management approach", the introduction of residential special maintenance fund occupies a place in civil law finally. Although the special maintenance fund provides the rights of domestic ownership, accumulation, management, use and other issues with the relevant regulations, but the problem remains the lack of deep-seated. The theory of residential special maintenance funds in the rights belong to distinguish between all parts of the building renovation improvement right, it is community property. It raises an independent channel mode of operation, management and oversight. Provise detailly property of certain facilities, clear the main claims, improve the regulatory process and the owners of rights protection organizations channel funds to solve the domestic legal issues of special maintenance countermeasures.Besides the introduction and conclusion, the text is divided into four parts:The first part, this part mainly based on the provision of the "residential special maintenance fund management approach "and the theorists' popular standpoint. Based on the theory of special maintenance funds for housing characteristics, explain the concept and the nature of the residential special maintenance fund, this part specially focus on the nature of the residential special maintenance fund. Residential special maintenance fund is derived from property owners, whose property is involved in the legal relationship between the groups in the relationship, specifically in the total relationship between group relations. To use the residential special maintenance fund, revenue and disposition is the distinction of the ownership to due exercise of the rights and obligations.The second part, this section focuses on the legal problems of our current residential special maintenance fund. First, the "property law" does not provide a strong foundation of private law, so that the operating procedures that the "residential special maintenance fund management approach" sets is lack of the implementation base of private law. "Property Law "and "explain of the distinction ownership of the architectural "provisions of the common parts and common facilities of the property right is not clear, the right and the main obligations to request is not clear, and thus can not provide a solid legal basis for a stable distinction relationships. Second, there are many problems in the specific operation. Residential special maintenance fund management approach "provides procedures for maintenance funds locus on "building security fee "for the base model to take into account, but the definition of the main "building security fee" is uncertain, it is difficult to determine their rates. The mandatory of "double two-thirds" principle makes the use and the procedures lack due flexibility. Within the warranty period of developer commitment, if it happens force majeure, there still exists gap in the start of the residential special maintenance fund. Owners do not storage maintenance funds by year and by file, resulting in banks simply operate a regular basis according to a unified term interest rates, making the special maintenance fund has not been properly maintained and increased value, reducing the available efficiency of the special maintenance funds. The third part, this part study the residential special maintenance funds on the domestic profile of international legislation and the legal provisions in some countries carefully, comparatively analyze the run programs and specific operation method of the residential special maintenance funds in the United States, Hong Kong, Singapore, Malaysia and the UK. Residential maintenance funds of these countries are unique in the system in locus, their provisions in using and management are more perfect, rights and obligations are clearer. In view of the current advantages and disadvantages of the residential special maintenance funds of our country, borrowing the foundation of foreign legislation will improve benefits for the residential maintenance funds of our country.The fourth part, this section focuses on how to improve our residential special maintenance funds system, and propose some reasonable suggestions on our maintenance funds system. By establishing "the priority of the owner committee" ,we resolve the problems of continued delivery of the special maintenance fund. By clearly defining the property of parts of common and facilities shared property rights, make the rights and obligations of the owner more clear. Make reasonable use procedures for specific maintenance funds to relieve maintenance difficult situation in the use of maintenance funds. By giving the owners the right and capacity to establish the legal status of the owners, and ensure the channels open of the owners. By using diversity of methods to rationally determine the maintenance funds during the interest-bearing bank storage methods, maximize the ability of value-added benefits of the maintenance funds. By strengthening disclosure of the bank on the maintenance of transparency of financial information to improve the transition the transition process of the rights and obligations of developers and industry committee and so on measures to resolve the problems of residential repair funding.
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