The Basis Of Legal Theory In Residential Property Management Study

With the developing of the market economy while deviating from the planned economy in the China, a great change is taken place in the urban housing system. The means of the urban residents obtain house have turned to the market from welfare. After the change of the means, the housing management also changed from welfare to the manner of a housing management contract. But now, the law system of housing management have dropped behind the practice of urban housing management. How to establish China's urban housing law system is a target in the presence of China jurisprudential circle.Housing management ordinance, which went into effect in September 1^st 2003, is a beacon to the housing management market of our country. But it's sliding over some important law issue also catch our eyes. State legislature was not intent to ignore those issue, the actual reason is lacking of research on some basic law theory.Many of research on housing management in China ignored the basic law theory. Those researches are pale for lacking of support of basic law theory. Some of the research on housing management introduced the civil law theory, the co-ownership theory and neighboring right theory are cited by the researchers. They neglected the relationship between the building partition and the housing management. To my opinion, it is very difficult to explain housing management because this issue closely related to the building partition.The theory of traditional civil law on housing law system is based on a fact that the estate is a separated situation. But in today's social life, most of the ownership is the partition ownership. This paper is divided into five parts. The 1^st chapter is a summarize on housing management. The 2^nd chapter is about puzzledom of bring the traditional civil law theory to bear the housing management. And then, the author analyses the cause of the puzzledom. The 3^rd chapter analyses the law question of housing management law system from a new point of view. The 4^th chapter analyses the parts of housing management contract. Finally, the 5^th chapter reach a conclusion on character of housing management contract.My paper reach to those conclusions:!) Housing management is a extend part of building partition law system. Traditional civil law theory can't explain this issue. 2) On the base of owners autonomy, housing management is the means to carry out the internal stipulations of an agreement, and is the manifestation of the civil right conflict between the owners. 3) In today's society, housing management contract is a often and often contract, state legislature shall pay attention to the issue...