Civil Legal Issues Of Property Management In China

Along with the reform and development of housing market, China’s real estatemanagement has been changed from the administrative management in a plannedeconomy system to real property management in a market economy system. But sincethe real property management industry is not fully developed, disputes in this area areintensified in practice, so it gradually becomes a hot issue. It indicates that ourexisting laws and regulations have many imperfections and ambiguities for its nature,status, and the provisions of various matters. In order to solve the legal problems ofreal property management, this paper is divided into three chapters.Chapter one is a brief overview of the general theory of real propertymanagement. Clarify the concept of real property management, point out that theessence of it is a contractual relationship, which is included in the civil law, anddiscourse its civil legal basis from both claim aspect and real right aspect.In chapter two, there is an analysis on the civil legal relations from three parts ofit, the subjects, the objects, and the contents. It will discuss the scope of the owners inthe subject part, the range of objects in the object part, and also the rights andobligations of each subject.Chapter three is a research on some legal issues and their countermeasures ofreal property management, selected four problems which gains more attention amongpractitioners and theorists. The first problem is about the legal status, organization,operation and the resolutions’ effectiveness of the owners’ meeting and the owners’committee. Clarified that the owners’ committee is a kind of unincorporatedorganization, and it has litigating qualification. And make a discourse on theeffectiveness and revocation of the resolutions. The second problem is thereconstruction of residential special maintenance fund system, briefly introduce thepresent situation, analysis its troubles, and put forward some recommendations for itsreconstruction. The third problem is the charging standard of real propertymanagement companies, proposed that the charging standard of real propertymanagement companies should be clearly stipulated in laws, and makes a distinction between the application of market-regulated price and government-guided price. Thefourth problem is the civil liability of real property management companies, mainlydiscussed the situation that real property management companies liable for breachingthe security obligations, discoursed the nature and type of the liability.