The Study Of Legal System On Property Management

With the development of urbanization, the dramatic tension of urban- land using is not surprising. Since the owners of the building are constraint in their own ability, effort, and time, it is hard to rely solely on the owners to solve problems between owners and property services companies. Owners organize the election committee, employed the representative organ to intervene in the issue. this type of entrusted management on property widely used in practice and recognized by the public. the systerm has some advantages,but with the gradual development of the property management industry, their limitations has exposed gradually. In response to this situation that property management disputes has happened frequently, the author writed the article.This article focuses on the following four aspects on property management:The first part describes the concept of property management, the nature, characteristics of property management and the legislative model of property management, then analyzed the difference between property management and property services for the following description of the property service contract.The second part details the legal relations of property management. Firstly,it introduced the concept and characteristics of legal relations on property management, then analysis the structure of the legal relationship of property management. To manage the statute as the basis for the formation of the internal legal relations and property management service contract with the property formed the basis of detailed analysis of the external legal relations one by one. This section is the focus of this article, but also the logical starting point of the third part.The third part gives a comparative analysis of the typical property management model to resolve the problems of property management that are delegate management model and trust-type model, the author agree with the bold attempt of the trust-style property management model. it also analyze the fitness and implementation of the new model,to the advantages and shortcomings.The fourth part discusses measures to improvement the legal relations of property management, Firstly from the legal aspects, introduced condominium ownership and trust systems; secondly from the legislative level, introduced the management rules of the legislative status, defects and improveing measures on the concept of property management, analyzes the feasibility and necessity of the Property services contract; finally from the consciousness aspects, discussed the "owner" awareness, owners "manager" awareness of committee, "service provider" contents consciousness of property services business.Innovation of this paper is to place the property internal and external legal relationship in a same legal environment by a theory. the tripartite body (the individual property owners, business owners and property services groups) share a reasonable allocation of powers, responsibilities, benefits, constraints and to achieve balance of mutual benefit. This article focuses on the theory between the commission and the trust, under the guidance of two theory, discusses the two property management models.