The Study On The Leagl Problem Of Property Services Contract

It is 1970s that our Property Management passed from Hongkong SAR,which is sunrise industry in China.Although only several decades' development course,Property Management is particurly important with the deepening of housing system reform in China and the rapid development of real estate market.Property Service is the corn of property management system,Property Service is that property service companies provide paid service to the owners.China's corrent laws and regulations in regard to property management is still relatively broad and simpl,the lack of clear specific operability.Only a small number of exesisting laws and administrative regulations,Some content of them has not fit the need of the market economy.Bbeing the lack of corresponding clear legal provision,It is troublesome that judiciary deal with some new types of disputes of property service,Dissputes are not solved in time,sometimes the same case appears different results,Which impact the industry's healthy development.At the same time,Academic research on Property ServiceContract has made someadchievements,But beacause of the linitation of research vision and so on, It has still many shortcomings,Such as the lack of depth research on the nature of Property Service Contract,the lack of indepth analysis of their subjekt,They decide it seems simple and broad that results of academic rerearch has improve the corresponding system and to solve practical problems.Therefore,Further rerearch on Property Service Contract has extremely important therotical and practical signficance.This article is consist of the basic theory of Property Service Contract,the subject of Property Service Contract, property service legislation and problems,legislative proposals to improve Property Service Contract and so on.The first part is the basic theory of Property Service Contract.First study what the property is,what the property service is, what the Poperty Srvice Contract is.Which provide the basic for the later study.Second study the types ofProperty Service Contract:Estate Management Convention,Management Convention and General Property Service Contract.Third study the differece between Property Service Contract and Commission Contract,Employeement Contract,Contract of Commission Agency and Agency Contract,etc.Property Servic Contract is consensual,dual service,witten,paid,service contract.The special subject of Property Service Contract,the special content of them,the special subject of them,so the nature of the Property Service Contract is a new typy of contract.The second part is the subject of the Property Service Contract.The main study is the scope of the owners,clear that the owner is the house owner,Lessee,mortgagee of the house and the house buyer who does not complete the formalities are not the owners.Which are adjusted by other laws,These make property legal relationship clear,their relationship is clear, Which avoid complicated legal relations and promopte to deal with practical issues;Dicussion on the owners,After anslsis of international legislation on the Oner Group,Study legislation about ourOwner Group (owner congress and owner committee).By analying and comparing, We believe that its owner group has a certain capacity for civil rights,litigation status must be authorized;property service business qulification,quality of employees and other property service providers,etc,so the subject of Property Service Contract is special,Which mainly include the owners(owner congress),developers and property service enterprises.The third part is property service legislation and shortcomings. Detail:Diffrence between our Property Service Contract and that of other countries and region,Our satus of Property Service Contract and the lack of the legislation,Such as the low level of legislation,a banlance of legislation,the more general and non-specific law;The problem of Property Service Contract:one is legal issues,For exemple,The provisions of《Property Management Rrgulations》are imperfect,Property Service Contract is considered to be agency agreement,The Owner Committee has no independent litigation qualifications.The other is the real problems of Property ServiceContract, For exemple,The issues of Property Service Companies illegl charging and infringement, The issues of the owners refuesing to pay and their infringement to property service companigs and the owners,The issues of the owner committe's infringement. The fourth part put forward legislative proposals to improve the Property Service Contract by comprehensive analysis of the previous content:(1)To improve the content of the "Property Management Regulations"; (2)To establish the legal status of the Property Service Contract; (3)To establish the Owner Committee's lawsuit; (4)A clear burden of Property Service Companies。Property Service Contract is closely related with people's lives,It is the core content of Property Management system,It plays the most important role in the property management activities. Therefore, We should absorb foreine advanced experience,combinning with China's national conditions,And constantly improve the legislation of the property service contract,And promote the healthy development of China's property industry.And further promote the comprehensive development of social economy.