Relationship between new property management regulations and property law

The Property Law protects the property rights of the state, the collective and the private equally. The Property Law of People's Republic of China (PRC), which concerns people's vital interests and the national economy and people's livelihood, has been implemented since June 5438+ 10/day, 2007. This is a great event in China's economic life. For the first time, this law clearly stipulates the equal protection of the property rights of the state, the collective and the private, as well as the property rights of other obligees. The Property Law is divided into five parts, 19 and 247 articles, ranging from the ownership of mountains, grasslands, rivers, lakes and underground mineral deposits to the ownership and maintenance of parking spaces, elevators and water and electricity pipelines in houses. Housing property rights, property management, owners' rights, neighboring relations ... These livelihood hotspots and piles are all related to people's lives. For individuals, it is clearly stipulated that the right to use residential construction land will be automatically renewed when it expires; Protect the right to sunshine; Parking spaces in residential garages must first meet the needs of owners; Real estate will implement a unified registration system, and the real estate license will enter the fast lane; After the expiration of the land contract period, you can continue to contract in accordance with the provisions of returning home. The Property Law clearly stipulates that accounts receivable can be pledged for financing. For enterprises, the content of mortgage pledge is expanded, and mortgage pledge is not prohibited by laws and regulations. Enterprise movable property can also be financed, which expands the financing scope of enterprises to a certain extent and will promote the development of enterprises to a certain extent. In addition, it also stipulates that units and individuals shall not embezzle or misappropriate compensation fees, and it is forbidden to occupy, plunder, privately divide, intercept or destroy state-owned property. It is reported that the Regulations on the Administration of Urban House Demolition promulgated in 200 1 the State Council is inconsistent with the relevant provisions of the Property Law to be implemented soon, and will be suspended from June 1 2007. The new "Property Management Regulations" established the service function and clarified the rights of the owners. The new "Property Management Regulations" implemented on the same day as the Property Law clearly gave the owners the decision-making power to hire and dismiss property service enterprises. There are five of the seven decision-making rights given to the owners in the new regulations, and the number of owners voting has been reduced from 2/3 in the past to 1/2, as long as more than half of the owners and 1/2 of the total number of people agree. Greatly improved the owner's autonomy in deciding community affairs. In particular, the changes in the number of people who choose and dismiss property service companies provide convenience for owners to replace dissatisfied property companies and safeguard their own rights and interests. The new property management regulations change "property management enterprise" to "property service enterprise", "owners' convention" to "management statute" and "temporary owners' convention" to "temporary management statute", which clarifies the master-slave relationship of property services. After the implementation of the new regulations, the street office where the property is located will become the formal supervision department of the owners' meeting and the property company. Measures for cost supervision and examination of property service pricing (for Trial Implementation) Property pricing must go through cost supervision and examination. The Measures for the Supervision and Examination of Property Service Pricing Cost (Trial) stipulates that property pricing must go through cost supervision and examination. The Measures clarify that the pricing cost of property services consists of personnel costs, daily operation and maintenance costs of facilities and equipment used in the * * * part of the property, greening and maintenance costs, cleaning and sanitation costs, order maintenance costs, facilities and equipment used in the * * * part of the property, public liability insurance costs, office expenses, management cost sharing, depreciation of fixed assets and other expenses agreed by the owner.