Proprietorship And Restriction Research Of The Public Service Facilities Of The Residential Areas

As the continuing development of commodity house market, the gross of the residential areas is rising. More and more people pay close attention to the management and Proprietorship of the public service facility. The present legislation mainly regulates the problem in the view of pubic law of planning and management. Although《Real Right Law》and other relevant law have gave the regulation to solve the problem, the quantity of clause in those law is limited and the content is principle, they do not have the indicating function of legal rules. Base on the problem above and current situation, this essay try to analysis the Proprietorship of public service facility in the residential areas under the existing law.This essay falls into five chapters:Chapter one mainly introduce the existing law of public service facility in the residential areas, and provide the comparative analysis of legislation in the view of planning management and civil right. The abundant legislation on planning management is in a sharp contrast to the lack legislation on civil right. The existing law just focus on the classifying of planning design and index of matching construction, that is difficult to be the regulation to insure the proprietorship of public service facility. So it is necessary to classify the public service facility into foundation,increment and public benefit, in the view of function and effect.Chapter two mainly introduce and analysis the two viewpoint of proprietorship insuring. The fist viewpoint is"cost apportionments", talking about the relationship between"cost"and"proprietorship", but it can not distinguish the substantial difference between"cost accounting"and"proprietorship changing"; the second viewpoint is"area apportionment", it try to insure the proprietorship of the public service facility by public area apportionment and land area apportionment, but the two kinds of apportionment have not legal basis.Chapter three, starting off with acquisition of real estate proprietorship, analysis the model of original acquisition of proprietorship of the public service facility according to item 30 and item 135 in《Real Right Law》, and this chapter also analysis the owner and relevant organization can have derivative acquisition of proprietorship in the view of legal regulation and contractual stipulation.Chapter four mainly take about the use restriction of public service facility, and introduce the special restriction of some common facilities such as carport,club,civil air defense facilities.Chapter five provide some advice on perfecting existing legal system, combining with status of proprietorship of public service facility.