A Comparative Study Of Local Property Management Legislation

According to the data released by the National Bureau of statistics on January 17,2020,China's urbanization rate has exceeded 60%,which means that 60% of the country's population lives in cities.More and more people choose commercial housing and residential area,which results in more and more disputes between residents and residential area property.In the past,disputes over property service contracts were the main ones,but in recent years,there are more and more types of property disputes: Disputes over the election of owners' committee,disputes over garage and parking space,disputes over the distribution of outdoor advertising revenue,disputes over property maintenance funds,etc.How to deal with the relationship between residents and property service enterprises has become an important task of property management in modern society.With the increasing disputes of property management,the importance of property management legislation is increasingly prominent.After the property management regulations were issued by the State Council on June 8,2003,the regulations were revised three times in 2007,2016 and 2018 respectively.Local cities have also formulated local property management legislation.In2008,Shenzhen City issued the property management regulations of Shenzhen Special Economic Zone,becoming the first city to legislate on property management,In 2017,Taiyuan Municipal People's Congress passed the property management regulations of Taiyuan City,which was officially implemented on May 1.In 2019,Beijing,Shanghai and Guangzhou launched a series of research activities on the revision of property management legislation and passed the corresponding amendment draft.It should be noted that the property management legislation of each region should refine the property management service on the premise of not violating the superior law,and put forward the property management legislation that conforms to the property development level of the region as far as possible.Therefore,theauthor will combine the new local property management legislation in recent years,through the comparative analysis of the key terms,in order to draw some useful conclusions,and put forward feasible suggestions for the future local property management legislation.The whole structure of this paper is divided into three parts:The first part selects the property management regulations(Methods)of17 cities(including municipalities directly under the central government),and compares these laws and regulations in the form of tabulation from the legislative level,regulations and rules structure;The second part compares and analyzes the key terms from seven aspects: General principles,owners and owners' meeting,early stage property management,property management services,property use and maintenance,legal responsibilities,and supplementary provisions,and compares the system design which is worth learning.The third part is based on the comparative analysis of the key provisions in the second part,combined with the current situation of the implementation of property management legislation in various cities in China,put forward feasible suggestions: standardize the name of laws and regulations and the description of provisions;focus on the prominent problems of regulation;build specific systems.