Study On The Legal Problems Of Property Management

Property management is the new industry emerged in China in recent years with the lodging reform and the booming development of real estate industry. The current legislation on the property management appears too simple, and the understanding to some problems in practice is not unified yet.Through the research on the property concept, the legal character of the property management service contract, differentiation of the ownership of buildings and other basic theories of property management, the article had an especially analysis on the legal status of the seven main bodies existing in the legal relationship of property management, and proposed the viewpoint that the owner and the property management companies belong to the status of "the property administrator'' and "the server of the property management" individually. The owner committee is "the other organization" which has the status of "the property administrator" and owns the qualification of litigant main body. The owner and the owner committee embody inordinate point of view in practice. Through the demonstrative analyzing of the legal application of the main types of disputes existing in the property management, the article elaborately analyze and expatiate the limitations and deficiencies of the law and regulations on property management in China. On the basis of borrowing the successful experiences of abroad and HK area's property management system, combined with the disputed issues exist in the theory researcher and practitioner, the article brought forward proposals on the completion of China's legislation on property management.