On The Research Of Management Contract About China Residential Property

In recent years, with the development of real estate industry in our country, property management industry experienced gradually mature process. Property management as an advanced management mode, on the other hand, played a crucial role in promoting the specialization, ordering, science and standardization of urban residential area management. On another hand, the problem at present in our country's actual process appears unavoidably at present in our country's actual process, so it is still in an initial stage. Compared with other sectors, the knowledge of property management content is high risk. Our property management is born. Since the 1990s, the state council and local goverment issued a lot of property management regulations and rules to solve this problem. But the property management problems are involved widely. Each type is not identical, meanwhile, in the property management, there are many civil main bodies. There exist complex legal relationship.legal relative imperfect, clear and other reasons, especially the owners' committee determine status of civil subjects without increasing, leading to the current of the complexity of the disputes, and more and more compelling social hot issue. This paper discussed from several aspects:The first part,the paper from the concept of property management contract, meticulous, characteristics, classification problem to summary, expatiates on the theoretical basis of the property management contract. The second part, in combination with the current existence some typical problems and lists some representative cases, from the legal aspect deeply analyzes the reasons of the problem and essence of Prophase realty management contract in China. And it made a little evaluation and summarized. The third part, combining case in-depth analysis some problems of property management contract later. The four part, the paper from special to the general thinking method, in view of the problems looking ways to slove the problem, and closely combining the current situation actively to explore feasible countermeasures, and rise to the height of the policy, theory, in preparation for macro guidance. Dealing with current residential property management contract existed the question, the key is to strengthen legislation, in strict accordance with the "property management regulation" property management enterprises and shall handle the benefit relationship between the owner, legal and rational stick to the principle of good faith to collect property management fee, earnestly implementing the business management and realize the owner and property management enterprise win-win situation.