Property disputes have surged.

On the Legislative Construction and Perfection of China's Property Management System

Lengshuai

cite

The real estate industry is an industry engaged in real estate development, operation, management and service. With the development of society, real estate has become a pillar industry of the national economy. In the international standard of industrial classification of all economic activities revised by the United Nations 1986, it is listed in the eighth category of the top ten economic activities and the seventh category in China's current industrial classification. This shows that real estate has existed as an important independent industrial sector both internationally and domestically. Especially at the present stage in China, the real estate industry, as a sunrise industry, has become one of the pillars of national economic development, and the real estate market has gradually improved and matured with the deepening of the reform of China's real estate management system. Of course, the maintenance of the harmonious and healthy order of the real estate market cannot be separated from the sound construction of the real estate legal system. Especially in a country with a vast territory and great regional differences, a sound real estate law is indispensable.

Property management has a history of 100 years abroad. In China, it only takes about 20 years from Shenzhen to now. Seven or eight years ago, for ordinary people, as a microcosm of the city, residential quarters became a small society with residential, service and economic functions. At present, property management has also become a new and rising industry in China. With the development of economy and the continuous improvement of people's living standards, people's requirements for property management will be higher and higher. The development of property management must adapt to the people's growing material and cultural needs. Practice has proved that the self-management of owners and the professional management of entrusted property management agencies are helpful to establish a harmonious order between owners of multi-storey buildings and residential quarters. At the same time, however, the traditional housing management system and the legal structure of property rights hinder the implementation of market-oriented property management. A perfect legal system of property management is helpful to standardize the property management industry, safeguard the rights and interests of owners, promote the real estate market and promote the construction of urban communities.

1 Legislative construction mode of property management system and current legislative situation in China

1. 1 the necessity of property management legislation

1. 1. 1 Promote the healthy development of property management

Property management plays an important role in market economy, which involves not only regional maintenance, security, environmental sanitation, greening and beautification, vehicle management and many other public services. , but also affects the quality of citizens' work and life, which is more related to modernization. Therefore, property management involves many relations, including many participants in the fields of real estate production, circulation and consumption, including equal civil relations among owners, developers and property management enterprises, and administrative relations in which relevant government departments supervise and participate in property management enterprises. In complex relationships, legislation can clarify the status, functions, rights and obligations of all parties-government, owners, property users, property management enterprises and developers, so that property management can be governed by laws and disputes can be avoided.

1. 1.2 laws adapt to the requirements of the times and keep pace with the times.

The development of modern cities has two characteristics: first, in order to alleviate the shortage of land and housing, multi-storey buildings have appeared; Second, the regionalization of urban functions and the emergence of various property areas such as residential areas have caused changes in legal relations.

(1) On the Adjacent Relation

Adjacency is a concept in traditional civil law, which refers to the rights and obligations of the owners or users of two or more adjacent real estate when exercising the ownership or use right of real estate, because the adjacent parties should provide convenience and accept restrictions.

Neighborhood relations usually occur due to the use of land, mountains, grassland natural resources, homestead, drainage, sewage, water and so on. The rights and obligations in adjacent relations are mainly manifested in the right to ask the other party for convenience and the obligation to provide convenience for the other party. The neighboring parties of real estate shall correctly handle the neighboring relationship in the spirit of facilitating production, facilitating life, solidarity and mutual assistance, and fairness and reasonableness. Article 83 of the General Principles of Civil Law stipulates: "The neighboring parties of real estate shall correctly handle the neighboring relations in terms of water interception, drainage, transportation, ventilation and lighting in accordance with the spirit of convenient production, convenient life, solidarity and mutual assistance, fairness and reasonableness."

(2) On the condominium ownership of buildings

The emergence of multi-storey buildings and property areas has produced a new form of real estate rights, that is, building ownership. The condominium ownership of buildings is an important real estate right with the development of modern cities. Indexers distinguish buildings, and each proprietary part enjoys the separate ownership of proprietary parts. For the same part of the building and its appendages, the ownership of the building is proportional to its exclusive part. The traditional ownership of real estate is single, which only refers to the possession, use, income and disposal of real estate by the right subject; The condominium ownership of buildings consists of exclusive partial ownership, * * partial decentralization and membership rights arising from the same relationship. The condominium ownership of buildings is a major revolution in the real right system. The traditional property law has the principle of one thing and one right. The principle of one thing and one right means that there can only be one right on one thing, that is, the property right is specific. There are no reasons for the specificity of real right or one thing and one right in the current law: first, one thing and one right reflects the underdeveloped state of the early market economy, that is, the state of small-scale production economy. In economy, property right is ownership. A property belongs to Zhang San, who owns it and no one else does. The principle of one thing and one right is used to oppose the feudal enfeoffment system of one place and two rights in feudal society in history. The manor owner's property came from the king, and the manor owner gave the land to the tenant farmers for farming. In this land, there are rights of kings, owners of manors and tenants. It used to be called multiple rights above one thing, such as dual rights. Such rights cannot meet the requirements of market transactions. There are more than two ownership of houses and land. How can this house and land be traded normally? The requirement of market transaction breaks the state of dual and multiple rights in one thing, and competes with the principle of one thing and one right. The principle of one thing and one right only requires one thing and one right, which is the requirement of market transactions. However, with the development of market economy and the demand for funds, the mortgage system finally came into being. There is mortgage besides property ownership, and the principle of one thing and one right does not conform to the state. However, jurists are unwilling to give up the principle of one thing and one right. They narrowed the scope of the principle of one thing and one right, saying that the original principle of one thing and one right is that one thing can only have one ownership, and there is a mortgage besides the ownership, and neither mortgage will affect it. So this principle has always existed in textbooks. However, after World War II, that is, in the 1960s and 1970s, cities in various countries, especially big cities, were urbanized, which led to a large number of people gathering in cities, making it impossible for a person to build a house, so a large number of high-rise buildings appeared. In this way, a building has multiple ownership, and it is no longer feasible for a building to have only one ownership. Let's look at a commercial house. A 20-story building with more than 100 buyers and more than 100 ownership. How can the principle of one thing and one right exist in this case? This is the reason why the principle of one thing and one right is not stipulated.

The essence of property owners' ownership in residential areas is to distinguish ownership, and property management right is one of them. At present, the legislation of various countries has affirmed the differentiated ownership, and even formulated special laws on differentiated ownership. However, how to effectively safeguard the differentiated ownership enjoyed by owners, make full use of their property management rights, coordinate the rights conflicts of many owners, and straighten out the relationship between owners and property management enterprises is the task of property management legislation. Because in multi-storey buildings and property communities, the population density is concentrated and the interpersonal relationship is complex, which is related to the people's livelihood. The old legal framework, such as the neighboring relationship system in civil law, is difficult to adapt to the rapid development of urban property. Therefore, it is necessary to make special legislation on the relationship between owners and the contractual relationship between owners and property management enterprises.

1.2 Property management practice mode

Property management in practice mainly has the following two modes of operation:

1. Entrusting property management means that the owner entrusts a property management company to manage through a property management contract. The biggest advantage of this management mode is that it can implement centralized and unified management of the whole community, with higher degree of specialization and better management effect. Its main disadvantages are: high management cost, which many low-and middle-income residents can't afford. At present, the collection rate of property management fees in many residential quarters is low, and many low-and middle-income people report that they are unable to pay the property management fees after buying the renovated house. This is a prominent contradiction in current property management.

1, Self-operated Property Management The so-called owner-operated property management is the property management of residential quarters (called quarters in Taiwan Province Province), which is not the responsibility of real estate development companies, nor does it employ specialized property management companies in society, but is managed by building owners themselves.

The biggest advantage of owner's self-operated property management is that owners can implement unified property management for ordinary houses with little or no money, and achieve the management goal required by the government, that is, centralized maintenance and management of residential buildings and their facilities, green spaces and vehicles in residential areas, and create a safe, clean, civilized and comfortable living environment.

1.3 legislative mode of property management

Because the condominium ownership of buildings is the premise of property management, the property management legislation is essentially embodied in the condominium ownership legislation. The legal styles of overseas property management in relevant countries and regions mainly include:

1, civil law mode. This model is represented by Italy and Switzerland. Cite several clauses in the civil code to regulate the legal relationship in property management. For example, articles 1 1 17 to 1 139 of the new Italian civil code have the following provisions: the scope of the same part of the building, the rights of all people to the same property, and the inviolability of the same part; * * * Use some changes, * * * share the installation cost of all building parts, and repair and transform the stairs; Maintenance and renovation of ceilings, basements and floors; The exclusive right to use the solarium; The building is on the top floor; The building is totally or partially destroyed; To appoint and dismiss managers, their positions and their representatives; On the lawsuit when the owner of the layered house (the owner of the divided house) disagrees: the expenses incurred by the owner around the manager and the owners living in the layered house; The functions and powers of the owners' congress, the effectiveness of the resolutions of the owners' congress, and the objections of the owners' congress; The laws and regulations of the owners of layered houses shall be applied mutatis mutandis to all laws.

2. One-way method mode. This model is represented by Germany, Japan, France and other countries, and refers to the special formulation of differentiated ownership of buildings, in which a chapter or section is set up to adjust property management. For example, on April 4th, 1962, Japan promulgated the Law on Differentiated Ownership of Buildings. The fourth section of Chapter I is "Manager", which includes: the authority of the manager, the selection and dismissal of the manager, the application of all entrustment clauses and the responsibility of the owner. The fifth section is "Articles of Association and General Assembly", which includes: articles of association, establishment, alteration and abolition of articles of association, establishment of articles of association based on notarial certificate, keeping and reading of articles of association, current situation of general assembly, restrictions on resolution matters, voting rights, etc. Section 6 "Managing Group Legal Persons". The contents include: the establishment and name of the management group legal person, the representation of the directors, supervisors and supervisors of the management group legal person, and the implementation of the management group legal person affairs.

In the Anglo-American legal system, property management generally also carries out special legislation. For example, every state in the United States has its own building ownership law to regulate property management. Moreover, the National Committee for the Unification of State Laws of the United States has formulated the Unified condominium law, which can be used as a reference for the legislation of various States. In addition, the Regulations on the Administration of Apartment Buildings in Taiwan Province Province and the Regulations on the Administration of Buildings in Hong Kong are also separate legislations to distinguish the property management of all buildings.

Compared with the above two legislative models, the advantage of civil law model lies in establishing the legal system of property management in the form of civil basic law, bringing property management into the overall adjustment scope of civil and commercial law, and making the civil code more plump and perfect; Its shortcomings are that it is impossible to refine the various systems of property management, which weakens the operability of the law, and property management involves many administrative regulations and cannot be reflected in civil law one by one. Therefore, the author believes that the legislative model of special property management is desirable.

1.4 legislative process of property management in China;

1994 the Ministry of construction issued the "measures for the administration of new urban residential quarters", clearly requiring new residential quarters to implement a property management system.

Since 1994, the Ministry of Construction and relevant departments have successively formulated the Interim Measures for the Charge of Property Management Services in Urban Residential Quarters, the Measures for the Management of Facilities and Equipment Maintenance Funds in Residential Quarters, and the Provisions on Financial Management of Property Management Enterprises.

Since 1994, more than 20 provinces and cities such as Guangdong, Shanghai, Chongqing and Shenzhen have successively issued local property management regulations.

In 200 1 year, the State Council made the Property Management Ordinance (hereinafter referred to as the Ordinance) into the legislative plan of that year.

From June 5, 2002 to 10, the State Council Legislative Affairs Office authorized People's Daily and Legal Daily to publish the "Property Management Bill" in full, and publicly solicited opinions from the public.

On June 8, 2003, the State Council officially promulgated the Property Management Regulations.

1.5 legislative status of China (legal source)

1.5. 1 constitution

The provisions and principles of the Constitution on housing, urban management and civil rights, such as Article 39 of the original Constitution, stipulate that the houses of China people and citizens are inviolable, which is not only the basic rights of citizens, but also the fundamental basis and guiding ideology of property management legislation and the most important part of property management legal norms.

1.5.2 law

There are many laws directly or indirectly related to property management in China, for example, the adjacent relationship system of private law and general principles of civil law, the differentiated ownership system of property law to be introduced soon, and the entrustment contract system of contract law are all the foundations of property management legislation; In public law, land management law, urban real estate management law, urban planning law and other laws all contain some mandatory norms that property management should follow.

1.5.3 administrative regulations

Administrative regulations are local regulations formulated and issued by the State Council according to the Constitution and laws. Administrative regulations on property management, such as the Regulations on the Management of Private Houses in Cities promulgated by the State Council in the early days of reform and opening up, and the Regulations on Property Management promulgated in 2003.

1.5.4 local regulations

Local regulations are normative documents formulated and promulgated by the people's congresses and their standing committees of provinces, autonomous regions, municipalities directly under the Central Government or cities specially authorized by the NPC Standing Committee, and implemented in the local area. Local laws and regulations played an important role in the early development of property management in China, and some property management preceded the local laws and regulations of regional property management. At present, Shanghai, Guangdong, Hainan, Jiangxi, Shenzhen, Zhuhai, Ningbo, Qingdao, Xiamen, Wuhan, Jilin, etc.1kloc-0/provinces and cities have issued property management regulations, for example, Shenzhen Special Economic Zone Residential Property Management Regulations 1994, Shanghai Residential Regulations 1997. More than a dozen provinces and cities such as Beijing, Tianjin, Chongqing, Shandong, Sichuan, Jiangsu, Zhejiang and Ningxia have introduced property management measures, such as "Beijing Residential Property Management Measures".

1.5.5 administrative regulations

Administrative regulations are normative documents formulated and issued by the competent department of the State Council and the people's governments at or above the county level according to the authority prescribed by law. Among them, the provisions of the Ministry of Construction are mostly. For example, 1990 urban dangerous housing management regulations, 1990 urban adjoining housing management regulations, 199 1 housing takeover acceptance standards, 199 1 urban housing renovation management regulations, 1. 1992 Comprehensive Acceptance Measures for the Completion of Urban Residential Quarters 1994 Management Measures for Newly Built Urban Residential Quarters 1996 Interim Measures for the Charge of Property Management Services in Urban Residential Quarters 1999 Trial Measures for the Qualification Management of Property Management Enterprises, etc.

2. Overview of property management

2. 1 Concept, characteristics and types of property management

2. 1. 1 attribute concept

The English equivalent of "property" is "REAL ESTATE" or "REAL PROPERTY", which means "property, assets, possessions and real estate". It is commonly known as real estate in Guangdong and Hong Kong. With the development of property management, property has become a standardized term with exact definition. It is generally believed that "property" refers to all kinds of housing buildings and their supporting facilities and venues that have been completed and put into use. A complete property generally consists of the following four parts: (1) building (2) ancillary equipment (3) public facilities (4) building plots.

2. 1.2 Concept, characteristics and types of property management

(1) Property management concept

The concept of property management has broad sense and narrow sense. Property management in a broad sense generally refers to the activities of property management institutions to maintain, repair and manage the property according to the entrustment of owners, owners' committees or other organizations, and to provide assistance or services to public security, traffic, fire protection, environmental sanitation and greening in the property area. In a narrow sense, property management only refers to the activities that the owner hires a property management company, and the owner and the property management company repair, maintain and manage the houses, supporting facilities and related sites in accordance with the property service contract, and maintain the environmental sanitation and order in the relevant areas. The difference between broad-sense property management and narrow-sense property management mainly lies in the different scope of property management institutions.

(2) the characteristics of property management

Property management has the following characteristics:

① Socialization of property management functions. Property management unifies the scattered social services in the property area, and undertakes certain social functions in different degrees or in different ways, such as environmental protection, health, security, fire protection and so on. The basic operation of property management is that the owner can enjoy the corresponding service by paying the service fee as agreed; Property management companies expand the scope of taking over property through competition. In the above process, all parties have benefited, and the degree of socialization of urban management has also been improved.

② Specialization of property management institutions. With the development of society, the division of labor is becoming more and more specialized. Property management enterprises set up special management institutions, equipped with professionals, and use modern technology to provide high-level management. Moreover, related matters in property management can be entrusted by enterprises to professional institutions.

③ Marketization of property management process. Property management operates according to the principle of market economy. Property management enterprises are market subjects, not administrative subjects, and property management is a kind of business behavior. There is competition among property management enterprises, and there is an equal trading relationship between owners and property management enterprises, and owners have the freedom to choose property management enterprises. Property management implements paid services, except for individual projects that are priced or guided by the government, and the charging standards are generally set by the market.

④ Standardization of property management forms. The establishment and hiring of property management companies must comply with relevant policies and regulations; The development of property management must also comply with relevant regulations, such as accepting property takeover, signing entrustment contracts and owners' conventions, and convening owners' meetings. Should be carried out under the legal framework.

⑤ Contracted property management relationship. A series of contracts, such as property management entrustment contract signed by property management enterprises and owners, and owners' convention concluded between owners, are the preconditions for the development of property management. Entrustment contract is the basis for property management enterprises to take over and manage property, and it is also the basis for defining property management services and defining the rights and obligations between property management enterprises and owners. Owners' convention is an autonomous agreement of all owners, which stipulates the use and maintenance system of owners.

(3) Types of property management

According to the main body of property management, that is, whether the property owner entrusts a professional property management enterprise and whether the property ownership and management right are separated, it can be divided into entrusted property management and independent property management. Entrusted property management means that the owner entrusts his own property to a professional management organization for management. Autonomous property management refers to the direct implementation of management by property owners without entrusting professional management institutions.

According to the operation mode and objectives of property management, property management can be divided into service property management and lease property management. Service-oriented property management refers to the management of the property by professional organizations, which is actually the after-sales service of the property, aiming at ensuring the normal use of the property, prolonging the service life of the property and facilitating the life of the owners. Lease property management refers to the management of property. In fact, the operation of the property is to create lease conditions, strive for tenants and serve them, and make profits by collecting rents.

According to the object of property management, property management can be residential property management, commercial property management and special property management. The object of residential property management is the house where the owner (user) lives and its supporting equipment and facilities. The objects of commercial property management are office buildings, shopping malls, hotels and tourist facilities. Special property management is special property for various factories, warehouses, hospitals, libraries and other specific industrial production activities.

2.2 The rise, function and significance of property management

2.2. 1 the rise of property management

Modern property management, as a real estate management model, originated in Britain in 1960s. At that time, Britain began the industrial revolution. With the development of industry, a large number of rural population poured into industrial cities, and the original housing facilities in cities could not meet the demand of population surge, and the housing was unprecedentedly tight. Engels made a classic description of this: "On the one hand, a large number of rural workers were suddenly attracted to the big cities that developed into industrial centers; On the other hand, the layout of these cities has not adapted to the challenges of new big industries and corresponding transportation. Streets in the city are widening, new streets are opening and railways are being laid. Just as workers poured into the city, there was a sudden lack of housing for small businessmen and craftsmen who were mainly workers. "As a result, a large number of workers' houses with poor conditions and harsh environment have appeared in the city. Accompanied by arrears of rent, houses were destroyed. 19 In the 1980s, a British lady named Octavia Hill took the lead in formulating the Measures for the Management of Tenant Behavior, which was the first in property management. From 65438 to 1990s, with the continuous progress of science and technology and building technology, the economy of the United States and other western countries developed rapidly, and high-rise buildings with elevators appeared. Because this kind of building has many ancillary equipment, complex structure, many owners have it, and the daily maintenance and management work is heavy and technical, so professional property management agencies have begun to appear. Later, American John Welt Erte founded CBMO-Chicago Building Managers Organization, the world's first property management industry organization, in Chicago on 1908. A few years later, the United States established a national organization-BOO-BUILDING Owners Organization, and on this basis, established Boma-Building Owners and Managers Association. Later, similar organizations appeared in Canada, Britain, Japan and other countries. BOMA changed its name to "Mai Bo-Association of Building Owners and Managers International", and published the publication from 1922, and named it << Annual Report of Experience Exchange from 1924.

It can be seen that the rise of property management has swept the world and become a sunrise industry in modern cities. There are two factors: first, the development of urbanization and the emergence of multi-storey buildings and residential quarters make property management necessary; Second, the separation of social division of labor, ownership and management rights has accelerated the development of property management.

2.2.2 The role and significance of property management

(1) The role of property management

① Cooperate with the reform of urban housing system.

The goal of the urban housing system reform in China is to realize the commercialization of housing according to the requirements of the socialist market economy, which will form a new pattern of diversification of housing property rights and socialization of management. This new pattern requires reforming the planned economy system, establishing a housing management system that adapts to the market economy, and replacing the administrative housing management model with a new real estate management model. Therefore, market-oriented and professional modern property management is an important content and supporting project of housing system reform.

② Improve the efficiency of real estate business activities.

One of the principles of market economy is that the consumer market determines the circulation market and the production market. Real estate activities consist of three links: investment development, circulation marketing and consumption use. As the last link of real estate activities-consumption link, property management has a strong rebound and stimulation effect on the previous link. Property management not only makes property management maintain and increase value, but also is an important factor for consumers to buy property, which can improve the efficiency of property management and improve the real estate market.

③ Promote urban management.

Urban management is an important duty of modern government. Property community is the epitome and cell of the city, and the appearance of the property constitutes the overall image of the city. Property management is an integral part of urban management system. The entrusted service work carried out by property management enterprises is an extension of the government's municipal management of environmental protection, sanitation, public security, transportation and other service management matters in the property area. In essence, the municipal administration of the government is privatized on the basis of the privatization of property rights. Therefore, the effectiveness of property management affects the municipal image of a city.

④ Improve the quality of life of the owners.

With the development of economy, people's attention to living area has gradually turned to the quality of living environment. Property management should not only give full play to the maintenance and maintenance of property, but also give full play to the greatest function of property, taking things as the medium and people as the foundation. Property management and community construction complement each other to create a safe, comfortable, civilized and harmonious living and working environment for the owners. In this way, the masses live and work in peace and contentment, and the community is stable and United.

⑤ Increase employment and prosper the tertiary industry.

As a service industry, property management can absorb all kinds of labor and provide employment opportunities. At the same time, property management will promote the development of decoration and maintenance industry, domestic service industry and landscaping industry, thus effectively promoting the development of tertiary industry and national economy.

Compared with traditional housing management, professional property management has obvious advantages:

Comparison between Professional Property Management and Traditional Property Management

Traditional house management professional property management

Management model, planned economy model and market economy model.

Property ownership State property, property ownership belongs to a single owner, and property rights are diversified.

Owner status, passive management, and independent management.

Management unit, government housing management department, administrative subject, property management enterprise and market subject.

Management behavior quasi-government behavior

Administrative relationship, administrative relationship and civil entrustment relationship

The management content is mainly house repair, and the management, service and operation are single.

Decentralized management, socialization and professional management of government departments

Low management cost, low rent and financial subsidy service fee.

Management effect: the house was seriously damaged and the property maintenance appreciated.

(2) Strengthen property management and effectively protect citizens' legitimate private property.

The closest legal concept to property is "real right". At present, China is in the process of formulating the property law. This also reflects the state's protection of citizens' legitimate private property rights. The biggest feature of real right is to exclude others' interference, and its effect is enough to resist the state and exclude illegal interference. When the police search a residential building, they must produce a search warrant, otherwise it is illegal. In the western legal concept, private houses are not allowed for the king to enter illegally. In our country, due to the tradition of the past thousands of years, "all good things must come to an end", so that the infringement of people's property rights in our country is very serious now.

On March 14, 2004, the Second Session of the Tenth National People's Congress passed the constitutional amendment. Article 22 states: Article 13 of the Constitution "The state protects the lawful ownership of citizens' income, savings, houses and other lawful property. ""The state protects citizens' right to inherit private property in accordance with the law "."is amended as "Citizens' legitimate private property is inviolable. "The state protects citizens' private property rights and inheritance rights according to law." "The state may expropriate or requisition citizens' private property and compensate them in accordance with the law for the needs of public interests. "

The author believes that the greatest protection of citizens' legitimate private property is to ensure the maximization of citizens' property interests. Since China's reform and opening up, with the economic development and the improvement of people's living standards, the private property owned by citizens has generally increased to varying degrees, especially more and more citizens have private means of production and living, and the people's demand for protecting their property according to law is more urgent. In order to protect one of the most important private properties of citizens-real estate, it is necessary to strengthen the legalization of property management. The legal relationship of property management is mainly based on the system of differentiated ownership of buildings, which is an important content of modern property rights. Strengthening property management embodies the protection of property rights, and perfect property management can maximize the use value of property and the interests of citizens. Property management covers public security, water supply, gas supply, sanitation and maintenance of public facilities in the property area, which is closely related to citizens' daily life. Illegality in this field will lead to the expansion and even abuse of administrative power, lead to unnecessary conflicts of private rights, lead to the chaos of daily life order, and set obstacles for citizens to realize the purpose of using their most important property-real estate. A perfect legal system of property management will not only exclude others' illegal interference in property ownership, but also bring people a beautiful and comfortable living environment, harmonious interpersonal relationship and enviable work efficiency, and truly realize the value of property.

2.3 The subject, object and content of the legal relationship of property management

2.3. 1 subject of legal relationship of property management

The main body of the legal relationship of property management refers to individuals, legal persons and other organizations that enjoy rights and assume obligations in their own names according to law in property management activities. The main body of the legal relationship of property management mainly includes: developers, owners, owners' congress and owners' committee, property management enterprises, property users, administrative organs and other relevant institutions. These subjects can be divided into three categories: civil subjects, administrative organs and self-regulatory organizations.

(1) Civil subjects, including: owners, owners' congress and owners' committee, developers, property management companies, property users and other related institutions.

① Owner

The owner is the owner of the property. According to the property ownership, it can be divided into independent owners and divided owners. Due to the purchase of real estate, the purchaser becomes the property owner of the real estate and legally owns the shopping industry. The form of owners' rights in modern property areas is generally to distinguish ownership. Moreover, the complexity of the relationship between owners has exceeded the adjacent relationship in traditional civil law, so all owners implement autonomous management by convening owners' meetings and electing owners' committees.

② developer

Developers are a very important member of property management. Developers are also called developers, that is, real estate development enterprises. According to Article 29 of the Urban Real Estate Management Law, real estate development enterprises are for-profit enterprises engaged in real estate development and operation.

Initially, real estate was developed, built and traded by developers.