Research On Special Maintenance Funds For Residential Buildings

The special maintenance funds for residential buildings refer to the funds for maintenance,renewal and renovation(hereinafter referred to as "special maintenance")for the purpose of the maintenance,renewal and renovation of the equipment for residential use and sharing facilities.Commonly known as housing "pension".The fund relates to the immediate interests of every owner.The purpose of the housing special maintenance fund system is to ensure that the special maintenance situation can be handled quickly and quickly,and the value of capital will be maintained and added.However,the fund system of special maintenance funds for existing residential buildings is not sufficient to ensure the smooth progress of all links.Therefore,the system can not achieve the goal of the system,but the system can not only realize the benign operation of the system,but also create many social contradictions.In view of the residential special maintenance funds in our country,this paper starting from the basic theory,draw lessons from the advanced experience of other countries,see the essence through the phenomena,adhering to the subject clear,reasonable structure,rules,effective,professional and efficient,the principle of effective supervision,and professional problems need professionals thought,from the Angle of law from the Angle of macroscopic,microscopic and legal theory of residential special maintenance fund system has carried on the deep analysis,in the end the following conclusion: owners own without ownership,ownership doesn't exist,unreasonable internal structure,decision mechanism is not effective,decision makers do not professional,weak supervision,etc.Namely: the current regulation is insufficient to ensure that special maintenance is convenient and timely and safe using special maintenance funds.The deep reason is that the special maintenance system is based on the theory of ownership.In view of the problems caused by the above title,the concept of owner company is proposed in innovation.If thinking from the viewpoint of creditor's rights,the maintenance of the subject matter does not go home,is the person that buy a house from the developer to buy houses source,this is a business contract relationship,if the law assumes special maintenance obligations stipulated to developers,after its nothing but also bear is a kind of contractual obligations.We can attribute this to "one person for the crowd".This is the theoretical innovation of this paper.Considering the bankruptcy of the developer,combining with the modern financial system,the paper puts forward the compulsory insurance system for housing special maintenance.This is the innovation of the system.The full text is about 27,000 wordsApart from the introduction and the following part,the full text is divided into six parts.The first part is the research of the basic theory of housing special maintenance funds.In this part,the definition of special maintenance funds for residential buildings and its characteristics are analyzed,and the theory of special maintenance funds is analyzed.The second part is the present situation and analysis of the legislation system of special maintenance funds for residential buildings in China.In this part,the legislation of special maintenance funds for residential buildings is introduced and the legislative defect analysis is carried out.The third part is the investigation and analysis of the existence of special maintenance funds in the judicial practice.In this part,the in-depth ownership and ownership have been enlarged to find out the deep problems and in-depth analysis in the practice of special maintenance funds.This part is the basis of the thesis.The fourth part from the Angle of ownership and creditor's right theory of residential special maintenance funds system again in this part,again from the height of legal theory in-depth look at the residential special maintenance funds system,it is concluded that the present system of problems are caused by Angle from ownership,such as from the perspective of creditor's rights can avoid these problems that is the theoretical innovationThe fifth part is the introduction and enlightenment of the special maintenance fund system for residential buildings in foreign countries and regions.In this part,we have studied the special maintenance fund system of several countries,and got some important enlightenment from it.The sixth part is the reform proposal of the special maintenance fund system in China.The reform in the subject area is submitted by the developer.In the general direction of reform,it is suggested that this is the innovation of the system...