Research On Our Realty Management Legal System

Real Right Law made partitioned ownership of building area to be the basis of the realty management right .But there are some shortcomings in the relevant legal rules of Real Right Law, and the system design of its relevant provisions, such as Realty Management Ordinance, also has loopholes, so after the implementing of Real Right Law, there are many new legal problems appeared. The article based on research on the basic theory of realty management legal system, and it combined the present situation in our country. It made a deep research on some controversial questions on realty management legal system. These questions are about the legal position of owners'assembly and owners'committee, the ownership of the parking place under the building, and front realty management legal system. After proposing these questions, the author contrasted the foreign legal practices with our country, found the source of these questions, and proposed his legislative proposals.The article consists of three parts. The three parts are the basic theory of realty management legal system, the framework of our realty management legal system, and some questions and countermeasures about our present realty management legal system.Through researching the basic concepts in realty management legal system, the article expounded and proved why partitioned ownership of building area is the theory basis of realty management legal system. Through introducing the foreign development model on realty management legal system, and analyzing their advantages and shortcomings, the article expounded and proved the advantages, shortcomings and forward legislative direction about the realty management legal system in our country.The framework of realty management legal system in our country contains: the position of realty management in realty, realty management both has public law and civil law's legal property which is special, the three principles of our realty management legal system, and the main five legal relationships.Under the guidance of the aforementioned realty management legal theory, combined with the present situation in our country, the article made a special research on three questions. The first is the legal position of owners'assembly and owners'committee. The author proposed that it should be decided by all the owners whether establishing the owners'assembly and owners'committee to be an"other organizations", and designed related provisions. The second is the ownership of the parking place under the building. The author proposed that it should be owned by all the owners in principle. Under specific conditions, it can be agreed by the principle of contract freely. The third is front realty management legal system which caused most problems. The author listed some problems on recent legal system, proposed corresponding legislative proposals that through improving legal systems to confine constructors to abuse right in front realty management, protect the right of owners, and induce legal disputes caused by lacking of front realty management legal system.At last, the article proposed that the legal problems on realty management are more than what the author mentioned above, and the author believes that with the developing of researching on realty management legal system and legislation, we can make the realty management legal system in our country to be perfect.