On The Early Property Service Contract Termination System

The front property service contract is the contract signed by the construction unit and its selected property company.The Civil Code of the People’s Republic of China stipulates the conditions for the termination of the pre-property service contract,i.e.the owner or the owners’ committee selects and hires a new property service enterprise.However,from the perspective of practice,The construction unit blocked the foundation of the owners’ meeting out of interest,and the owners’ meeting system itself was not perfect,and the early property service contract termination system is not perfect,resulting in the long-term residence of the early property service enterprises that should be transitional in practice in the community,and it is difficult for the owners to exercise their autonomy.The publication of the Civil Code of the People’s Republic of China makes the property service contract a representative contract,which is beneficial to the protection of the rights and interests of all parties.However,there is a gap in local regulations,and the current rules and regulations are systematic,time-sensitive and operationally unable to adapt to the new formats and new problems exposed in property development,and the construction of property management legislation is relatively backward.Disputes arising from the termination of the previous property service contract occur frequently,Due to the lack of clarity in the law,the phenomenon of different judgments in the same case also occurs.In view of the termination of the previous property service contract,it is worth in-depth study.This article is structured in four parts,except for the introduction.The first part is to sort out the basic connotations of the legislation on the previous property service contract,including the concept,method and conditions of termination of the previous property service contract and its termination,etc.to pave the way for the following.The second part is to review and examine the current pre-property service contract termination system in China,analyze the current legislative and judicial status quo in China,and analyze the shortcomings in the termination of China’s previous property service contracts,mainly due to the dilemma that the subject of contract termination is not clear,the procedures are not perfect,and the conditions are not specific.Specifically,the nature of the owners’ committee is not clear,the owners’ meeting of the main body exercising the right to terminate the contract is still a single owner,the low rate of establishment of the owners’ committee as the termination of the previous property service contract leads to imperfect termination procedures,and the refusal of the property service enterprise to withdraw from management when it expires.The third part,the analysis and comparison of the operation and characteristics of the pre-regional property services outside the territory,the assistance and supervision of the British government to the property services,Confirmation of qualification of owners’ committees in Hong Kong,China,and the clear provision of the termination period of the pre-property service contract in the form of legislation are all worthy of our reference.The fourth part,put forward suggestions for the problems existing in the termination of the previous property service contract,mainly from three aspects,first,to clarify the main body of the termination of the previous property service contract,including clarifying the legal status of the owners’ committee and giving the owner the right to terminate the contract under specific circumstances;second,rationalizing the termination procedure of the previous property service contract,legislating to promote the establishment of the owners’ committee and promoting the property handover procedure before and after;third,clearly stipulating the termination period of the previous property service contract,it is recommended that the legislation stipulate that the term of the pre-property service contract is two years,not only to give the early property service enterprises time to prepare,but also to ensure the realization of the owner’s autonomy.Through the above suggestions,we try to draw a satisfactory end to the previous property service contract.