Early Property Management Legal Research

The concept and the practice of property management were introduced from overseas to China in the 80s of the last century. In this case, the management system is rather young in our country although it has become mature in foreign countries, especially in developed countries. Scientifically speaking, management system includes to stages, namely the early stage property management and the daily property management. The former refers to the management of the estate made directly by the construction unit before the existence of the property management company chosen by the estate owners. The early stage property management is the fundamental stage management of the estate and it is seen as a very important step in the whole management system. This paper takes the early state property management as its research object.In 2003, with the issue of the Regulations on Reality Management, the early stage property management system has been brought into Law track and it ended the condition of the absence of the early state property management. However, the contents of the Regulations on Reality Management are not feasible enough because the rules and terms cannot meet all demands of the complicated legal relationships concerning the early stage property management and many kinds of the problems in this area cannot be properly solved according to them.In March, 2007, the Real Right Law of the People's Republic of China was passed, which provides the distinction system of the estate ownership. But, the specific terms and rules can not be found in this law in the respect of property Management.The paper begins with the explanation of the term of "property management". And then, the meaning of the early stage property management and its characteristics are defined and analyzed. Specifically speaking , the problems of highly monopoly, the costly but low quality service, the inefficiency in the job, the unequal status between the subjects , the unfair and illegal right and obligation conditions enjoyed by the subjects, the illegal contracts and the illegal current bidding system , and the mixed responsibility of the construction unit and the management unit, and so on. Based on the analysis of these problems, the causes of them are put forward, namely, the complicated legal relationship concerning the matter, the vague concepts of the characters of law, the absence of needed law and regulations, and the "information asymmetry". Therefore, in the last part of the paper, the author suggests that the property management law should be made based on the legal rights of the building distinction ownership, the establishment of the perfect system of the registration of the immovable property, the guarantee of the free choice of the property management company of the estate owners and the strengthening of the obligations in information disclosure by the developer in order to guarantee the equality between the developer and the estate owners. Furthermore, the author proposes to establish the legal system of independent rights of the developer and the property management company, by regulating the bidding system and the service contracting system of the early stage estate management. By strengthening the sense of responsibility of the developer, the property management system can be perfected in the future in China.