Is there a legal provision for property management?

Laws related to property management include: Regulations on House Maintenance Management, Regulations on Property Management, Measures for Qualification Management of Property Service Enterprises, Measures for Management of Special Housing Maintenance Funds, Interim Measures for Management of Bidding in Early Stage of Property Management, Provisions on Clearly Marking Property Service Charges, Measures for Management of Property Service Charges, Registered Property Manager, People's Republic of China (PRC) Property Law and People's Republic of China (PRC) Property Management Law.

1. What are the laws related to property management?

Laws related to property management include: Regulations on House Maintenance Management, Regulations on Property Management, Measures for the Administration of Qualification of Property Service Enterprises, Measures for the Administration of Special Maintenance Funds for Houses, Interim Measures for the Administration of Bidding in Early Stage of Property Management, Provisions on Clearly Marking Property Service Charges, Measures for the Administration of Property Service Charges, Registered Property Manager and People's Republic of China (PRC) Real Estate Management Law.

Second, judicial interpretation.

1. The legal concepts of "property" and "owner" must be clarified.

"Property" and "owner" are not legal concepts. In the legal sense, "thing" refers to property (including tangible property and intangible property). For the building, it refers to the "building" called in the civil (private) law, which is tangible property.

The "real right" of a building is the property ownership of the building, including the house ownership of the building itself and the state-owned land use right attached to it in China. Therefore, in the legal sense, property refers to buildings and their ownership; The owner is the owner of this building.

2, must be clear about the legal relationship between the owners of the unit suite.

For all the property owned by * * * *, the owners shall enjoy the rights at home according to their respective shares and bear joint and several liabilities abroad; For the property owned by * * * and * *, the owner has equal rights and obligations for all the property owned by * * * internally, and bears joint and several liabilities externally. It must also be clarified here that the concept of flat (area) is registered in China's housing ownership, while the concept of three-dimensional (including the space corresponding to the housing use area) is legal.

3. The relationship between civil autonomy and legislation must be made clear.

Civil autonomy refers to freedom of contract, and the state and government do not actively and directly interfere in the field of private rights and civil and commercial acts. The state is in the position of formulating "rules of the game" (that is, existing laws) and judging civil and commercial behaviors.

4. The legal types of "property management" legislation must be clear.

Civil legislation regulates the civil and commercial relations between natural persons, legal persons and other civil and commercial organizations with equal civil and commercial subjects; Administrative legislation regulates the administrative legal relationship among the state administrative organs, natural persons, legal persons and other administrative counterparts as the main body of inequality.

China's "Regulations on Property Management" was formulated and promulgated by the State Council. From the perspective of the legislative subject, this regulation can only be an administrative legislation to adjust the administrative relationship between the state property administrative organs and the owners and property companies as administrative counterparts.

5. The subject of "property management" must be defined.

There is a difference between civil management and administrative management. For example, China adopts a registration system for real estate ownership, so the registration of houses by the national real estate management department is a kind of property administration behavior.

The main purpose of property management is to uniformly manage the living and working conditions of residents in the community and deal with the security problems in the community. There are many laws related to property management. In property management, the property department should follow the relevant regulations, strictly implement the relevant regulations of property management, and avoid disputes and contradictions in property management, resulting in residential problems for residents.