Research On Special Maintenance Funds Of Community Residential Property In China Legal System

Community residential maintenance funds, known as housing "pension", are special funds for the protection of normal use of residential common parts, public facilities and equipment maintenance. With the gradual development of China's real estate economy, real estate transaction is more frequently, community residential maintenance funds, based on ownership of property resulting from the separation of powers theory, has been increasing concern. Community residential maintenance funds, whether the special maintenance fund for increasing the value of housing or residential properties for stability and harmony, is of great significance. Community residential maintenance funds has become an important part of building a harmonious Community.Meanwhile, community residential maintenance funds has some outstanding issues in the course of running. As a special maintenance funds covering a wide range, controversy caused by the huge amount of money and many aspects are growing. How to regulate the deposit of funds for residential special maintenance, management, use and other aspects of the legal acts, and safeguarding the legitimate rights and interests of owners, perfecting the legal system of the special maintenance funds, has become the focus of our legal practice. On the contrary, China's theory of community residential maintenance funds is not many. The lack of theory and laws of the loopholes in the law affecting the practical issues related to effective solutions. To this end, I decided to plot China's residential property special maintenance funds for the study, residential special maintenance funds on the legal activities of the matter in depth analysis and discussion with a view to perfect the special maintenance funds for residential property Community legal system.This article is divided into four parts:the first part of the legal system for residential special maintenance fund, the basic theory. Introducing the Community residential property legal system, the special maintenance funds of Laws, the difference between the concept of special maintenance funds and residential property maintenance funds, the legal system of community residential maintenance funds established and so on. Community residential property in the analysis of the special maintenance fund legal system of Laws, the author emphasized the decentralization of ownership theory of special maintenance funds on the domestic legal system of its importance; in residential special maintenance fund and Similar Concepts, the author focuses on explaining special maintenance funds and residential property maintenance funds different in order to pave the way for legislative proposals below. The second part is basic conditions of the China's the legal system on community residential maintenance funds. In the view of a number of legislation, analyzing the existing laws on the property of our special maintenance funds to protect residential communities the positive side and defect. The third part is the extra territorial district residential property legal system of the special maintenance funds. This chapter discusses the United States, Singapore, Japan, and China's Hong Kong and Taiwan, domestic legal system of the special maintenance fund for housing with the special maintenance fund our current legal system for comparison. The fourth part is our special maintenance funds for residential property Community legal system. This part study the extra territorial legal system for residential special maintenance funds, drawing some legislation propositions on Improving China's community residential property legal system.