On The Legal Issues Of Realty Management In China

In recent years, along with the development of the real estate market, therealty management spreads constantly not only in the metropolis but also in theintermediate and small cities. Inevitably, the disputes and problems of sorts comeinto being as well. For lacking of the state legislation but only the issued by the State Department to regulate the realtymanagement, therefore, many problems are urgent to be discussed and studied.analyses the reasons for theemergence of the disputes and explores the issue of perfecting the legislation onthe realty management in our country according to the basic theories of the realtymanagement and combined the expatiation of the historical development of therealty management in China.This paper makes discussions on the issues above through four parts.The first part dissertates to the general theories about the realty and realtymanagement. Above all, it expounds the conception of the realty, introduces thecomposing and classification and indicates the range of the realty management bydiscussing its characters differing to the real estate and estate. In addition, itexplains the concept of the realty management, characters and its types.Furthermore, by introducing the origin and development of the realtymanagement, it illuminates that the Industrial Revolution and the industrialdevelopment spurs the emergence of the realty management, the urbanization andthe legal system of property right drive the development of the realty managementsystem. Finally, it nails down the rights and duties of the subjects throughintroducing the legal relationship on realty management.The second part analyses the necessity of establishing modern realtymanagement system in China, which is on the basis of the needs of coordinatingthe reformation of lodging system in cities and towns and protecting citizens'rightful separate property through the historical retrospect on Chinese realtymanagement system. The value object of establishing and developing realtymanagement system is to increasing the profits of the estate operation activities,to advancing the cities management work, to lifting owners' living quality, toadding employment obtainment and to booming third estate. Besides, it sets forththe practical mode and legislative actuality of our country's realty managementsystem. The practical modes in China are divided into two types, the commissionmode and the independence mode and in China it mainly takes the commissionmode while there are also parts take the independence mode. Takingindependence mode is actually out of helplessness owning to the imperfectcondition of current realty management system, while this mode will besubstituted by the commission mode in the future development. In respect to theinterpretation to the legislative status of our country's realty management system,it emphasizes the necessity of immediate legislation, so as to coordinate the rightconflicts and to order the relationship between the owners and the realtycompanies, otherwise, it will be difficult to adapt to the urban realty's fastdevelopment according to the system of the neighborhood relationship intraditional civil law. Then, it introduces the legislative course and the legislativeachievement of the realty management in our country.In the third part, it firstly concludes the several concrete representations ofthe disputes on realty management: the dispute out of realty fares, the dispute outof the imperfect subsidiary establishment, the dispute out of high parking fees, thedispute out of the unsatisfying service quality and the dispute on the issues ofowners' commission, they are numerous and complicated although the objects inthese disputes are small. Moreover, it analyses the formation of these disputes andsummarizes the wrong ideas exists in the owners and the realty companies that themanagerial companies are some good some bad and lack of the sense of honestyand credibility, the owners themselves are weak on the managementconsciousness, and the current laws and policies have limitation on the issue ofthe realty management system. These courses will all lead the appearance of themanagerial disputes and just owning to them, it is necessary to perfect the existingrealty management system as soon as possible.The last part puts forward propositions aiming at resolving and the perfectingthe disputes combined the situation of our country and in reference to thelegislative experiences in the developed countries. In the first place, it discussesthe of the definitude of the essential contents such as properly choosing the realtymanagement system, enhancing the supervising system on the realty management,introducing the competitive mechanism of realty management, clarifying theresponsibility areas of the companies and the relative sections, insuring thesafeguard and use of the realty, and establishing the companies' fulfilling dutiesby force. In addition, it analyses the way of further perfecting the realtymanagement system in the view of legislative procedure and points out that the should be set down immediately and meanwhile paying attentionto the combination of the state legislation and the local legislation. As there isonly the in our country at present but notconsolidate a state legislation, therefore, it is necessary to constitute consolidate astate legislation to guarantee the interests of both the owners and the realtycompanies. However, it should pay attention to the settlement of the disputesbetween state and localities. At length, it probes into the way of perfecting andresolving the judicial safeguard procedures of the realty management disputes.This paper gives proposition of perfecting and simplifying individual lawsuitprocedures. The large quantities of dispute cases on the realty are almost litigatedby the owners themselves and the reasons are almost on the unsatisfying servicesof the realty management companies. In light of the long existing servicerelationship between the two, the writer considers to apply the intermediateprocedures on the condition of the clear legal relationship hereby saving a mass oflitigation resources.Along with entering into WTO and the globalization of the world economics,the realty management system in China should be perfected promptly. While inthe course of perfection, we should pay attention to combining the concretesituation of our country and making the perfection localized, thereby to exert itsdue effects fully.