The Research Of Legal Issues On The Charge Of Realty Service For Residence Community

Our country’s property management industry development has already been30years.Property management market gradually to be the benign direction from the start of thedisorder, the owner gradually to protect their own rights and interests from the passiveparticipation property management.The industry has achieved remarkable results. Then, theproperty management regulations and amendment, property service charge managementmethod, property service charge plain code marks a price regulation, the property law, thesupreme people’s court on the trial of building differentiation ownership dispute cases theconcrete application of law in the explanation of some issues, the supreme people’s court onthe trial of realty service dispute cases the concrete application of law in the explanation ofsome issues and other laws and regulations and judicial interpretation issued andimplemented, promote the property management industry in the development of our country,and make more law-based. But, since there is no unified property services charging standardsystem, and the local laws and regulations about property service fees which were issued bythe local government is multifarious, it lead to dispute of fees easily. At the same time, ourcountry’s property service industry still has a lot of disadvantages: Service consciousness andprofessional level of employees are poor; The price is high, the service is poor; Realty serviceenterprise financial balance is not transparent; Legal relationship between the owners, thedeveloper and the realty service enterprise is mixed and disorder; Related laws andregulations concerning the management of the property is not sound; There are manyproperty services industry contradictions and so on. It caused property service fee disputesoccurred frequently, and affected the healthy development of the industry. According to thenature and characteristics, realty service fees can be divided into special service charge, thepublic service charge for sex and public service charge. This paper mainly studies the publicservice charge, through to the research about the property service charge and the causes of thedifficulty of solving difficult measures charge are studied, and the system and service feedisputes on the parties to find a solution to the problem of the way to charge. In view of thedifficult to collect fees and disorder collection in China’s residential property management,this paper of the, this paper analysis the reasons from the charge the foundation, content,price, payment, charge supervision and so on to discuss how to curb the question aboutdetailing fee difficultly. Beside the preface, this paper is divided into five parts, about21000words.The first part: the summary of property service fees. On the introduction about concept,content, principle, type, composition and charging methods of the service charge, it focusedon the analysis of the realty service nature, thinking that property service charge is a kind ofbusiness charge and the realty service enterprise provides service price and compensation.The second part: it summarized the present situation of the realty service fee disputesand the characteristics of property management service fee dispute cases. Then it analyzedthe problem whether should discount and the discount through to compared vacancy of theproperty of the charge and the use of the charge.The third part: analysis the service charge of the parties dispute property in chargeproperty take time, create reasonable legal reasons, then it researched the problem aboutcharging difficultly from the angle of public goods theory and property service fee standardsof the lack of problem.The forth part: through to comprise of the United States, Japan and Singapore’s chargelegislation horizontally, it summarized the successful experience about property servicemanagement mode the legislation, fee standards and property service charge way whichworth reference to us.The fifth part: for how to curb property service fee dispute, this paper expounds that thegovernment shall take the macroeconomic regulation and control measures, the ideologicalcognitive switch and realty service enterprise should improve the management level threeaspects. Then this paper discusses the necessity of the realty service charge supervision andsupervision measures.This paper used compared analysis and other methods when it studied the difficult aboutservice charge in our country residential property management,. On the analysis of servicecharge about United States, Japan and Singapore, it used the way of comparison researching.This paper and not much theory innovation, it just provide the measures to solve the problemwhich charge the service fees was difficult unifies the related theory.Based on the limitedspace, the depth and the breadth of this paper is limited. The problem about propertymanagement service charge standard, owner can not pay fee should to be thoroughresearched.