Research On Legal Issues In The Management Of Kindergartens In Urban Communitie

Property right identification is the key problem in the management of supporting kindergartens in urban areas.When the ownership of property rights is not clear,it is easy to damage the rights of stakeholders.The research on the property right identification of kindergarten in community can not only protect the owner of property right,but also provide solutions to many disputes caused by government governance.In practice,in order to solve the disputes over the property right determination of supporting kindergartens in residential areas,the academic circles have been arguing about whether it has the attributes of supporting facilities and public facilities.Judicial decisions have also tried to adopt different judgment standards such as construction purpose and investment cost.However,due to the complexity of the supporting kindergarten’s own attributes and the diversity of types,it is difficult to unify the way of property right determination.On the theoretical level,the theory of "common ownership of community owners" which was first put forward lacks the support of legal basis and cannot be self-consistent;the "government ownership theory" which takes the construction purpose as the division standard is more in line with the requirements of governance work,but it is limited by the historical disputes such as no agreement and no property right registration;it is reasonable to put forward the "developer ownership theory" from the perspective of investment cost,but it can not To solve the problem of multiple property rights transfer in practice.On this basis,this paper first discusses the obstacles to the identification of the property rights of different types of supporting kindergartens in residential areas,clarifies the interest disputes between the parties,sums up the judgment types of supporting kindergartens in residential areas by case analysis,compares the academic and theoretical disputes of property rights identification,and then analyzes and demonstrates that there are cognitive errors in the identification of property rights of supporting kindergartens in residential areas,and there is a lack of directly applicable law in the determination of property rights Law basis and so on.In order to effectively solve these problems,this paper suggests that we should clarify the legal principles,contractual principles and fair principles of property rights identification,and sort out the legal basis of property rights identification;build a set of compulsory rules that give priority to mandatory rules,no mandatory rules apply to the agreement of both parties,and take fairness principle as consideration in the case of no agreement The principle of balancing interests protects and balances the interests of all parties,so as to settle disputes.