What is the latest Property Management Law in China?

In accordance with the Property Management Ordinance

Article 32 Enterprises engaged in property management activities shall have independent legal personality.

The State implements a qualification management system for enterprises engaged in property management activities. The specific measures shall be formulated by the competent administrative department of construction.

Article 33 Personnel engaged in property management shall, in accordance with the relevant provisions of the State, obtain professional qualification certificates.

Article 34 A property management area shall be managed by a property management enterprise.

Article 35 The owners' committee shall conclude a written property service contract with the property management enterprise selected by the owners' general meeting.

The property service contract shall stipulate the property management matters, service quality, service fees, rights and obligations of both parties, the management and use of special maintenance funds, property management housing, contract term, liability for breach of contract, etc.

Article 36 Property management enterprises shall provide corresponding services in accordance with the provisions of the property management service contract.

Where a property management enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

Article 37 When a property management enterprise undertakes a property, it shall go through the property acceptance formalities with the owners' committee.

The owners' committee shall hand over the materials provided for in the first paragraph of Article 29 of these Regulations to the property management enterprises.

1. Who is responsible for the theft of electric vehicles in the community.

If the owner signs a property management agreement with the property, then the property is responsible for the theft of the electric vehicle in the community; However, if the business has not signed a property management agreement with the property, there is no custody contract relationship between the owner and the property management company, the property management company has no obligation to take care of the vehicle for the owner, and the owner can only be responsible for the theft of the electric vehicle in the community, and the property does not need to bear the liability for compensation.

According to Article 35 of the Property Management Regulations, property management service enterprises shall provide corresponding services in accordance with the provisions of the property management service contract. Where a property management service enterprise fails to perform the provisions of the property management service contract, resulting in damage to the personal and property safety of the owner, it shall bear the corresponding legal responsibility in accordance with law.

The relevant laws of property management are: "Housing Maintenance Management", "Property Management Regulations", "Measures for the Management of Property Service Enterprise Qualifications", "Measures for the Management of Special Residential Maintenance Funds", "Interim Measures for the Administration of Bidding and Bidding for Property Management in the Early Stage", "Regulations on the Clearly Marked Prices of Property Service Charges", "Measures for the Administration of Property Service Charges", "Registered Property Management Engineers", and "Real Estate Management Law of the People's Republic of China".

I. Judicial Interpretations.

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

"Property" and "owner" are not concepts in the legal sense. "Thing" in the legal sense refers to property (including tangible property and intangible property). For a building, it refers to the so-called "building" in civil (private) law, which is a kind of tangible property.

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

2. The legal relationship between the owners of the unit suite must be clarified.

In the case of the joint ownership of Mengwei's property, the owners enjoy the rights and responsibilities internally according to their respective shares, and bear joint and several liabilities externally; In the case of jointly owned property, the owner equally enjoys the rights and bears obligations for all the common property internally, and is jointly and severally liable externally. It must also be clarified here that the concept of plane (area) is registered for house ownership in China, and the concept of house ownership in the legal sense is the concept of the right balance (including the space corresponding to the usable area of the house).

3. The relationship between civil autonomy and legislation must be clarified.

Civil autonomy refers to the freedom of contract, the state, not taking the initiative and directly intervening in the field of private rights and civil and commercial acts, and the state is in the position of formulating and adjudicating the "rules of the game" (i.e., the law) of civil and commercial acts.

4. The legal type of "property management" legislation must be clarified.

The civil legislation regulates the civil and commercial relations between natural persons, legal persons and other civil and commercial organizations that are equal civil and commercial subjects; Administrative legislation regulates the administrative-legal relationship between the state administrative organs of non-equal subjects and natural persons, legal persons and other administrative counterparts.

China's "Property Management Regulations" formulated and promulgated by the first class, from the main body of legislation, the regulations can only be administrative legislation, adjust the administrative relationship between the national property administration and the owners and property companies as administrative counterparts.

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

There is a difference between civil management and administrative management, such as China's registration system for real estate ownership, then, the state real estate management department on the registration of housing is a kind of property administrative management behavior.

Legal analysis: The laws and regulations on property management include property management regulations, property service charge management measures, property law, housing maintenance management contract law, owners' general meeting regulations, property management financial management regulations and the company law of the people's Republic of China and other relevant laws and regulations.

Legal basis: Property Management and Gaoli Regulations

Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.

Fourth State encourages property management to adopt new technologies and new methods, relying on scientific and technological progress to improve management and service levels.

Fifth construction administrative departments are responsible for the supervision and management of property management activities in the country.

The local people's ** real estate administrative departments at or above the county level are responsible for the supervision and management of property management activities within their respective administrative areas.

Just like the master and slave rights in civil rights. The main right is the premise and basis of the right. And now you are asking about the role of the right in the Lord's right.

What are the laws and regulations related to property management now"It seems that the law involved in general property management is only civil law. and contract law. Property Law.

and so on are branches of civil law.

Property Management Regulations.

Property Law of the People's Republic of China.

The Property Management Regulations promulgated on May 28, 2003

In 2004, the Ministry of Construction issued the Measures for the Management of Property Management Enterprise Qualifications

Each city has basically promulgated specific implementation measures for property management, depending on the city in which the most important thing is the "Property Management Regulations", in addition to the local and national laws and regulations on decoration management, property fees and regulations, property management qualifications and so on.

The property management regulations issued by the state, the management measures for the early stage of property bidding, the management measures for the qualification of property service enterprises, the management measures for residential interior decoration and decoration, etc., the scope of these provisions is relatively general, and each place has corresponding local property management regulations, as well as some other relevant rules and regulations to assist, if necessary, or check the relevant provisions of the place, it will be more specific.

Constitution, General Principles of Civil Law, Property Law, Property Management Regulations.

Promulgation of property management regulations.

The difference between a law and an ordinance is:

The organs that are formulated are differentThe formulation of laws is done by the National People's Congress and its Standing Committee, and the formulation of regulations can be completed by local people's congresses and their standing committees, or by the competent organs at the ministerial level.

The legal effect is differentThe effect of the law is generally higher than that of the regulations, and the regulations cannot contradict the law.

The spatial potency is differentSome local regulations can only take effect in a certain place, while the spatial effect of the law is within the scope of the People's Republic of China.

4. TuneThe whole range is different,The scope of adjustment of the law may involve many aspects or contents, and the scope of the regulations as a whole is generally a specific aspect or a specific content of social life.

To sum up, our country now has onlyProperty Management Regulations. It has been adopted at the 9th executive meeting on May 28, 2003, and is hereby promulgated to take effect on September 1, 2003.

You can ask the right person, the regulations are issued by ***, and they are administrative regulations. The law is promulgated by the people's congress and its standing committee, and it is a law. The level of force of the law takes precedence over the regulations.

The law is located in the ordinance, and the two conflict, the law of use.