Study On Issues Of Legal System Construction Of Estate Management In China

Though it occurred in recent years and is still on its primary stage, estate management in China develops rapidly. With the quick development, a serious of problems have occurred and resulted in all kinds of disputes and issues because of such reasons that the definition of estate management is not clarified, the responsibilities of proprietors and their organizations is not certain, the contract of estate management is not standard, the fees of estate management are not reasonable, the merchant developer's responsibilities are not definite, estate management companies are not well qualified as required, the property of rooms used for estate management or dealing business is difficult in registration and so on. In short, the main reason is that there is no national law for house management except some local regulations and rules which is under improvement although estate management has been on work for about 22 years. In this case, the lagging legislation is becoming a kind of barrier to prevent business of estate management from further developing. And it is of great significance in practice to establish law in this field.I. It is required to fully push forward the construction of socialist country by rule of law. II. It is required to accelerate and improve the system of estate management specified in China. III. It is required to promote the urban construction and the modernization of town management. IV. It is required to realize sustainability of housing and estate and improve estate management. V. It is required to shape and develop the business of estate management. VI. It is required to promote the reformation of housing regulation and strengthen the competitiveness of merchant developer. VII. It is required to protect the lawful rights of all parties of estate management and stabilize the social order. VIII. It is required to foster the transformation of government functions and lighten the burden and trifles of the state. DC. It is required to promote the construction of socialist democracy and legal system. X. It is required to promote sustainability of housing civilization and improve the living standard of the people. In a word, It is urgent at present to strengthen the estate management.It is important to know how to strengthen the legislation for estate management. Here is some advice. First, it is necessary to ascertain the purpose of legislation, such as regulating the conduct of Estate Management Company, protecting the lawful rights and interests of residents, keeping society steady, etc. Second, it is necessary to establish the guiding ideas, such as Deng Xiaoping Theories, adopting management experience abroad. Third, it is necessary to select scientific pattern of legislation from the four patterns, namely, the pattern of civil law, the pattern of housing, the pattern of distinguishing property of house, and the pattern of Estate Management law which is suitable to the situation of China. Fourth, carry on the basic principles such as integrating law over the whole country, steady pattern of managing system, self-governing by residents, etc. Fifth, it is necessary to establish the basic rules of estate management law which may include establishment of mutual rights and obligations between the company and residents, and ascertain the procedure of disputes, etc.The rationalization of estate management as an important matter concerning the national economy and the people's livelihood can benefit the prosperity and stabilization of towns. Above all, it is necessary to comprehensively strengthen the legal system construction of estate management.