Analysis On The Domestic Legal Institutions Of Special Residential Maintainance Fund And Trust

With the rapid development of our countries'real estate, legislations on special residential maintenance fund have obviously lagged behind. The establishment of Trust Law and improvement of building distinction between ownership in Property Law have made essential feathers of special residential maintenance fund become clearer. Recently, the government has also issued lots of laws and regulations on special residential maintenance fund. But all these regulations do not have a deep research on essential feathers of special residential maintenance fund, which lead to the chaos of applying laws and dilemma of justice practice. This article will detail at resorting essential feathers of special residential maintenance fund. It expects to benefit for the establishment of Trust Law. This article is mainly divided into four parts:Part one: This part mainly introduces most people's view on Special residential maintenance fund in our law. This part includes concepts of maintenance fund and its evolvement progress in statute law. It emphasizes on analyzing problems of management subject, management process, supervision regulations and value preservation. The reasons of existence of all these problems in our law are that we do not have a clear definition of special residential maintenance fund.Part two: This part discusses trust properties of Special residential maintenance fund by using methods of comparison, rational analysis and empirical analysis. It firstly introduces basic theory of trust, which includes trust's definition, establishment elements and characters. Secondly, it analyses trust purpose, trust subject and object that is contained in maintenance fund. Thirdly, it introduces Japanese residential maintenance fund that has been transplanted into our modern trust law system. Fourthly, it proposes another concept of residential maintenance fund named special fund comparing to trust concept. At last, establishment of special residential maintenance fund is significant. It turns out that we have not only law background for maintenance fund, but also the only answer to solve the present residential maintenance problem.Part three: This part explains how to establish maintenance fund from different points. Specified regulations should be made for residential maintenance fund. It includes secondary trust, common trustee, Specified regulations for maintenance fund, legal status of owner committee, developing trustee's voting program, establishing trust supervisors and fund query system.Part four: this part is about transition stage before maintenance fund is established. In order to solve the problems of our maintenance fund, it makes some suggestions basing on current laws. It includes developing prophase owner rights protection systems, establishing residential responsibility investigation systems owing to builders fault, formulating flexible using procedures, drawing up reasonable internal supervision systems and laying down bank information.