How to write the graduation thesis of administrative management major

Some Legal Issues on Property Management Disputes Property management is a new industry that provides public and special services for units and residents who live and use residential quarters and commercial buildings in the process of cultivating and developing China's real estate market in recent years. With the emergence of the property management industry, a new type of civil legal relationship has emerged between the property owner (also known as the owner), the user and the entrusted manager of the property (the property management company). Administrative departments are also facing new problems of how to manage the property management industry. Disputes caused by property management also followed, the number of disputes increased, and many new types of cases appeared. With regard to the normative documents on property management, apart from the Measures for the Administration of Newly-built Urban Residential Areas issued by the Ministry of Construction (hereinafter referred to as the Measures) and the Interim Measures for the Charge of Property Management Services issued by the State Planning Commission and the Ministry of Construction, there is no unified or special law and regulation to adjust the property management behavior in China, which makes it difficult to apply the law to property management disputes. This paper tries to express my humble opinion on the main characteristics of property management disputes, the problems that should be paid attention to in the entity and procedure of hearing property management disputes, and the problems worthy of discussion. First, the main characteristics of property management disputes. Property management disputes arise with the emergence of real estate developers to strengthen after-sales service and property management industry. Because of its uniqueness, this kind of dispute has different characteristics from general disputes. 1. Property management disputes are increasing year by year, and the amount of litigation subject matter is relatively large. Since 1990, especially after 1992, the real estate industry has sprung up all over the country, and the real estate industry in Hainan has developed abnormally, forming new residential quarters of different grades and types and buildings as commercial office buildings (hereinafter referred to as residential quarters and commercial buildings). The practices of charging property management fees and providing management services in various residential quarters and commercial buildings are not consistent. The lack of contracts, conventions or legal norms binding all parties between owners and property managers has gradually led to contradictions between owners and property managers and administrative departments. As a result, complaints about real estate and price management departments have greatly increased. If the dispute cannot be completely resolved after the coordination of the relevant departments, the parties shall resort to the court. Take Xinhua District Court of Haikou City as an example. From 1995, the court accepted 5 cases of property management disputes, and by 1996, it rose to 20 cases. In the past two years, various disputes caused by property management have increased. The amount of the subject matter of litigation ranges from tens of thousands to hundreds of thousands. 2. There are many types of disputes arising from property management, and most of them are new cases. Property management disputes are disputes that occur in the process of property management. According to statistics, at present, the property management disputes accepted by Haikou City have developed from the dispute of property management companies claiming property management fees at the beginning to all kinds of disputes involving civil litigation and administrative litigation. There are mainly: (1) disputes that property managers (including real estate developers and property management companies) claim property management fees and utilities from owners or users, and such disputes exist in large numbers; (2) The owner or user requires the property manager to bear the tort compensation dispute of water cut, power cut, gas cut or other acts; (3) Property management contract disputes between real estate developers and property management companies; (four) the property management disputes between real estate developers and property management companies; (five) the owner or user requests the property manager to compensate for the economic losses caused by providing special services such as custody services; (six) disputes arising from the hiring and dismissal of the property management company by the owners or the management committee; (7) The owner sued the real estate management department for administrative infringement disputes. These disputes involve contractual debts in civil legal relations (including service management relations, agency relations and contractual relations), debts arising from tort, and whether the administrative actions of real estate management departments in administrative litigation are legal or not. For example, some owners of Shunfa New Village Community in Haikou filed an administrative tort lawsuit because they thought that Haikou Real Estate Administration had violated the law by approving the establishment of the management committee without convening the owners' meeting and with less than half of the owners' votes, which infringed on the plaintiff's interests as an owner. This is the first administrative lawsuit caused by property management accepted by the city. 3. The litigants of property management disputes are complex, and the legal relationship is complex, so it is difficult to hear disputes. The relationship between the parties to the property management dispute and the law is complicated. The subjects of such cases include China citizens, legal persons and other organizations, as well as foreign citizens, foreign enterprises and compatriots from Hong Kong, Macao and Taiwan. Not only owners, users or community management committees, but also property management companies, real estate developers or administrative departments are involved in the litigation. It may involve the relationship between the owner and user, the relationship between the owner or user and the property management service contract of the property management company, the infringement relationship, the relationship between the real estate developer and the property management company, the relationship between the management committee and the property management company, and the relationship between the owner, the management committee or the property management company and the property management department. As the property management dispute is a new type of case, there is no ready-made basis in trial practice. There are no special provisions on property management in General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), so it can only be handled according to General Principles of Civil Law and Administrative Procedure Law, and according to relevant departments and local regulations. The provisions of relevant provisions are not detailed and clear, which brings certain difficulties to correctly handle such disputes. Two, several problems that should be paid attention to in the trial of property management disputes. (a) the jurisdiction of property management disputes. Determining the jurisdiction of property management disputes is the premise of correctly hearing such cases. The jurisdiction of property management disputes should be determined according to the specific types of property management disputes. Administrative litigation cases caused by property management shall be determined in accordance with the relevant provisions of the Administrative Procedure Law. In civil litigation cases caused by property management, at present, the parties generally sue in the court where the property is located, and regard the location of the property as the domicile of the owner or user, while some courts do not distinguish different types of property management disputes to be accepted. Article 29 of the Civil Procedure Law shall apply if one party who signs a property management service contract brings an infringement lawsuit against the other party, and it shall be under the jurisdiction of the people's court of the place where the infringement occurred or the defendant's domicile. Contract disputes arising from property management service contracts, property management contracts and entrusted management contracts. The provisions of Article 24 of the Civil Procedure Law shall apply, that is, "a lawsuit brought due to a contract dispute shall be under the jurisdiction of the people's court of the defendant's domicile or the place where the contract is performed". Attention should be paid to reviewing the defendant's domicile and the place of contract performance. If the owner is the defendant, the owner's residence is both at the location of the property and outside the location of the property. It is not the owner who buys the property, but the location of the property is the location of his household registration. Therefore, it cannot be simply considered that the location of the property is the defendant's domicile; The domicile of a property management company refers to the location of its main business premises or main office premises, not the location where property management is implemented. However, since the property management service contract, property management contract and property entrusted management contract all implement property management at the location of the property, the location of the property should be recognized as the place where the contract is performed. Although the property management dispute is caused by the management of real estate, it is not a real estate dispute and the provisions of exclusive jurisdiction are not applicable.