Monday, December 20, 2010
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Garden Forum III, the real estate business interest groups and to maintenance and management, property management is conducted in a way the administration, real estate property management between users and those who enjoy a benefit of those relations and administration. With the increasing push forward reform of the housing system, the unit gradually withdraw from the areas of property, work unit no longer bear the social responsibility of the allocation of housing. residential district by the developer after the developer agreed by the Government, real estate by individuals to purchase through the market to developers; property maintenance and services provided by specialized property. Therefore, the commercialization of urban housing, the market then, property owners and developers and is a market relationship between the companies. owners choice to consumers of goods and property services, property developers and property companies to provide goods and services operators, both the service and the service relationship between the developers and property owners and the relationship between the companies by the laws and regulations to regulate and constraints. in accordance with the logic of the market economy, once the two sides appeared in one of the parties defaults, the two sides of the contract and the relationship may terminate, the defaulting party or even go the other party in accordance with the law bear the corresponding loss. However, the actual situation of the operation of the property is far from simple. developers and property companies for breach of contract, infringement is very serious, but owners often can not by law to protect their legitimate rights and interests, it is difficult to obtain compensation for developers, not to mention the dismissal of incompetent property companies. Here, the legal and market instruments are not properly and effectively functioning. Thus, after the housing reform is not a property management kinds of administrative operations, nor is it simply the market / operation of the law, but a composite of administration and interest groups involved in the issue. (a) the emergence of real estate interests and composition after the establishment of new China, the establishment of a totality of social structure (Sun Liping, 1994; Sun Liping et al, 1994), the state monopoly on almost all important resources, almost all of the social life of a strict and comprehensive implementation of the control. In general, the social structure of this, the state has a very strong relative to the autonomous community (Sun Liping, 1996). countries in developing policy, almost do not experience the strong intervention from the community and pressure. State's will through strict organizational system - the party's unified leadership structure and unit-based organizations - to be strictly enforced, there is no soil for the growth of interest groups and space. After reform and opening up, the overall nature of the social structure is loose, the gradual transition to market economies in China, but until now did not complete the transformation of China, the pure market economy did not really set up (side Yanjie editor, 2002). in Chinese society transformation process, continue to reduce state autonomy, state apparatus increasingly passive (Sun Liping et al, 1998), many local interests and group interests separate from the state. real estate interests is in the context of social transformation in China produced, or in a combination of redistribution system and market system under the hybrid system appears. I found in the survey, in the real estate development and property management,UGG boots cheap, real estate interests have clearly exists, its characterization is: First, there are real estate property management laws and regulations of interest groups prints. As the have a very close relationship (before the housing reform, the housing authority responsible for housing development and management, housing reform, the many developers and property companies are from the previous separation of the housing authority), tend to developers and property companies. ① rights of residential property owners here does not mean the probability of success is 0.5, in fact, very few successful cases rights, I spent a lot of twists and turns before the success of the three elected district rights . In order to compare the convenience, I also selected three community activists failed to contrast with the former. On the whole, the constraints are not enough, which is obviously not conducive to the owners to protect their legitimate rights and interests. Specifically, the first new management of enterprises, from business owners and property management service contract in accordance with the provisions of the property, housing and ancillary equipment and associated facilities for maintenance, conservation, management and maintenance of the relevant areas of environmental health and order mandatory property owners to hire companies to manage the district, thereby depriving the owners choose not to use the property rights of our services, excluding the possibility of property owners to manage. Second, real estate administrative departments have been appointed to control and influence industry will power. Industry Authority is the autonomous nature of the organization with the civil affairs departments should be established under the guidance and activities, but the local district and county people's government administrative departments of real estate established under the guidance of owners and the owners elected committee. the rights of owners of real estate may be subject to the administrative department of the executive power of the damage. ① The third is a dispute about the terms of the property is conducive to property companies. However, if the property did not provide appropriate services, or property provided by the company's commitment to service does not meet standards, clearly favor property management company. Fourth, the legal, which makes the court can not have legal personality Industry Authority rejected the prosecution request. property management related laws, and regulations are incomplete, as developers and property companies of infringing activities of a vast space, the developer and property in many cases are in the use of legal loopholes in copyright infringement. laws and regulations of the imperfect also difficult for the owners of rights activities, the owner of a lawsuit just to get qualified to be twists and turns.
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