The Research Of Our Country's Property Special Maintenance Fund System Consummation

Special reserve fund of property is residential building's indemnitor, which is contributed by proprietor, specially used in building's common parts and after-sales facilities'maintenance and reconstruction.Due to the late grow of China's real estate management system, so does the relevant special reserve fund, as well as the relevant research of law theory and treatise. With the continuous development of Chinese housing reform and real eastate, mass of commercial residential buildings are needed, special reseve fund of property is paid more and more attention, however because of large sum, complicated management, a series of problems are occurred during practice process, such as no standard system of fund concentration, and contribution; astronomical sum of funds are embezzled; unused capital,unclear belongings,invaded profits. Due to lack of relevant theories and incomplete law system, the writer doing his special reserve fund of property research with the angle of legal practice.The article is divided into four parts. The first part have a definition of special reserve fund of property, and introduce its development and some comments on current laws and regulations. The second part, mainly analyzed and compared and commentated special reserve fund of property in America, England, Norway, Japan as well as in Hongkong, Macao and Taiwan. The third part discoursed due to the delay and incomplete legislation, a series of problems are occurred during practice process, such as use and future raising of special reserve funds. In the last part, suggestions on this special reserve fund of property are offered, including improving laws and regulations, established precisely concentration system of maintenance funds, improving funds' approach,optimized the management pattern.