Discussion On The Regulatory Mechanism’s Improving For The Legal Relationship Of Property Service In China

Along with the rapid process of urbanization and the deepening of the housing commercialization, Property service become closely related to people. The property service quality directly affects the quality of people’s life and stability of the legal relationship of property service directly affect the social harmony. The legal relationship of property service is rather complex, who have dual attributes of both public and private. It not only concludes the equal civil law relationship between owners and property service companies, but also the administrative supervision legal relation between property service companies and the Buildings Department or the Industrial and Commercial Sectors or the fire department. The party concerned is special, the owners often have a large number, Assembly and Owners committee which fulfill the atomomy of owners are both different from the normal civil party. Disputes of property service occur frequently in the practice, because our property service became late and property service companies not abide by the law consciously. The study about the legal relationship of property service has important significance both in theory and pratice.This paper focuses on effective regulating on property service legal relationship and resolving the disputes of property services. The first part, introducing the general theory of legal relation of property services, basic concepts related to the legal relationship of property services are briefly defined, the core elements such as the condominium ownership, common management rights and property services contract are described in detail, lay the foundation for the study of property services issues from the law point of view. The second part, the status of China’s property service management are studied combined with our country’s property services development situation and court trial practice, characteristics, the types and the causes of the property services disputes in China are analyzed, find the crux of adjustment mechanism about the legal relationship of property service in China. The third part, with the application of the theory of contract law from the perspective of terms of the format, the right to terminate, right of defense three angle, to find effective regulation on the property service legal relationship. The fourth part, study around the owner autonomous system’s perfect exposition, reasons are analyzed to Assembly and Owners committee does not run smoothly and the role is not obvious in practice, and draws lessons from the advanced experience of the foreign legislation to put forward suggestions. The last part, discuss the norms of the property services industry, exposing problems from the development history and the law system of property service industry and put forward the corresponding improvement suggestions. This paper discusses the improving measures to the mechanism from the perspective of private law and public law. To enforce the "management separated from establishment ", a clear responsibility dividing of the construction unit and the realty service enterprise, is the new point of this paper. This argument is somewhat extreme, but have important reference value on the normalization of China’s real estate industry and property services industry.In the process of discussing, the author mainly adopts the logical deduction method, in addition to the application of the comparative analysis method and example analysis.