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The Operational Dilemma And Improvement Of The System Of Special Residential Maintenance Funds

Posted on:2020-11-07Degree:MasterType:Thesis
Country:ChinaCandidate:R YangFull Text:PDF
GTID:2506306305994989Subject:legal
Abstract/Summary:PDF Full Text Request
As the capital guarantee of special maintenance,renewal and renovation of common parts and facilities,residential special maintenance fund is the guarantee of normal operation of residential during its service life.Its deposit,management,use and supervision are related to the vital interests of the owners of residential special maintenance fund.With the massive construction of new commercial houses and the aging of old houses,the role of the special maintenance fund system for residential buildings has become increasingly prominent.The development of the maintenance fund system is related to the legitimate rights and interests of the general public,and also affects the development and stability of society.However,the society does not know who owns the ownership of the special maintenance funds,who is managing them,and how to use them.Besides,what laws and regulations do we have about the provisions of the special maintenance funds for residential buildings and so on,which are not known to the public.To clarify the basic concept,development process and current laws and regulations of the housing special maintenance fund system in China,and to combine with the actual situation of the special housing maintenance fund in Qingdao,,according to the order of deposit,use and supervision of the special maintenance fund for residential buildings,it is applicable to all kinds of special maintenance funds for residential buildings in China at the present stage.The problems existing in these links are analyzed in depth,including the rigid standard of fund deposit,the confusion of the selection of bank for special account management,the lack of legal system guarantee for the continuation of funds,the difficulty of using funds and the imperfect procedures for emergency use of funds,the low value-keeping and appreciation of funds,the imperfection of organizational structure,the main body of supervision and the lack of legal system guarantee for the continuation of funds.Problems such as single mode.In light of China’s specific practical problems,we can learn from the outstanding experiences of Hong Kong and Taiwan,as well as the United States,Japan and Singapore,etc.In the process of depositing,we should adopt reasonable methods and standards for depositing funds,make clear the choice of bank for special account management,perfect the form of renewal of deposit and establish penalties;in the process of using various methods,we should combine to solve the difficult problem of starting and establish penalties.Practical emergency compulsory use system can make maintenance funds use accurately and timely,give full play to the original intention of establishing the system,broaden value-preserving and value-added channels in supervision links,improve organization and management institutions,enrich supervision subjects and methods,establish unified supervision standards,promote the construction of government service consciousness,promote the cultivation of owner’s self-government consciousness,give legal protection to professional service institutions,and broaden the scope of supervision.The way people supervise and draw salaries from the bottom of the kettle will effectively eliminate all kinds of problems that are easy to breed in maintenance funds.Specific measures and suggestions are put forward in the hope of further improving the system of residential maintenance funds,solving the specific problems of maintenance funds in practice,gradually building a bridge between legal norms and practical application,and playing a certain role in promoting further reform and innovation.
Keywords/Search Tags:Residential special maintenance funds, Deposit, Use, Supervision
PDF Full Text Request
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