The Research On The Legal System Of Housing Special Maintenance Fund In China

Residential special maintenance funds are earmarked for residential common parts,common facilities maintenance, renewal and renovation of the facility after the expiration of the warranty, it is called "the property of the pension ". The legal system for residential special maintenance fund is around the deposit of the residential special maintenance funds, use and supervision of formulated a series of laws and regulations and supporting measures and the system is one of the seven basic system of the property management system, is an important system related to the national economy and the people’s livelihood.China’s special housing repair funds for legal system started late, from the legislative point of view of evolution, has experienced a continuous development and improvement process, "property management regulations" for the first time in the form of administrative rules and regulations of the special housing repair funds system, "property law" in the form of the first law established the special housing repair funds system the special housing repair funds, the system has a space for one person in the whole legal system architecture, "special housing repair funds management approach" promulgated, marking China’s special housing repair funds system more perfect, more mature, indicates that China’s special housing repair funds system entered a new stage of development.With the rapid development of urbanization in China, commercial housing has become the absolute mainstream and flow of urban housing. And the corresponding, originally by the state is responsible for follow-up management of housing into the self managed by private housing owners, residential special maintenance fund legal system is produced under the background of the reform of the housing. The existence of this system extended the service life of the housing, solve the owner’s worries, preserve the value of the house, even is the appreciation and completely changed the pattern of the old houses broken under the traditional system of units. However, with a large number of housing has begun to enter the maintenance period, the maintenance of the financial system has gradually exposed the defects, disputes, complaints and daily increase of maintenance funds. Through the research, there are the problems that the special maintenance fund is not reasonable, the application procedure is complex, and the value of the value is simple and so on.. The existence of these problems has a direct impact on the vital interests of most residents in the city, but also hinders the macro level of the country to face social control and control.This paper combines with relevant legislation and regulations of our country and abroad the residential special maintenance funds system, through the methods of literature research, normative research and comparative study, to the current legal system of our residential special maintenance funds, the relevant legislation of combing and analysis, hope to put forward some suggestions and opinions on the legal system of our residential special maintenance funds, from the legislative building of our country legal system of residential special maintenance funds, to better protect the owner’s legitimate rights and interests, for the maintenance fund collection, use and supervision to provide scientific reasonable institutional support and legal basis, to build a socialist harmonious society.In conclusion, this paper is organized as follows:The first part, the housing special maintenance fund legal system overview. This part mainly expounds the concept and the characteristics of the legal system of our residential special maintenance funds, the article discusses the nature of the legal system of our residential special maintenance funds, and expounds the legislative status of the legal system of our residential special maintenance funds from the point of view of the origin of law.The second part, the introduction and reference of the legal system of the special maintenance fund for the special maintenance fund of the extra residential housing. Through this part of the United States, Britain, Singapore, Norway and China’s Hong Kong and Taiwan residential special maintenance funds Legal System Introduction and analysis, interpretation of the other countries and regions of residential special maintenance funds legal system characteristics and laws of residential special maintenance funds of our country draw lessons from.The third part is the problem of the legal system of housing special maintenance fund in China. This part mainly discusses the problems of the current legal system of our residential special maintenance funds in legislation, pay, use and supervision, such as residential special maintenance funds system the legal foundation of the missing, payment of principal existence of conflict of laws, the application program is too complex and regulatory diversification etc..The fourth part, perfect our country housing special maintenance fund legal system suggestion. This part in view of the problems existing in the legal system of our residential special maintenance funds, from accelerate legislation, formulate reasonable collection system, sound system, and improve the regulatory system in four aspects put forward the corresponding countermeasures and suggestions.