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Legal analysis: There is no property law in China, but there are property management regulations.
The law is based on the dust: the full text of the "Property Management Brothers' Guess Regulations".
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Legal analysis: For property management, there is no special legislation, and the state has formulated relevant regulations. In order to standardize property management activities, safeguard the legitimate rights and interests of property owners and property service enterprises, and improve the living and working environment of the people, the state has formulated relevant regulations.
Relevant provisions have been made on owners and owners' meetings, pre-property management, property management services, use and maintenance of properties, and legal liability for violations of the regulations.
Legal basis: Regulations of the People's Republic of China on Property Management
Article 1 In order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.
Article 2 The term "property management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
Article 3 The State advocates that owners choose property service enterprises through an open, fair and just market competition mechanism.
Fourth State encourages the use of new technologies, new methods, relying on scientific and technological progress to improve the level of property management and services.
Fifth construction administrative departments are responsible for the supervision and management of national property management activities. 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.
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Legal Analysis: The Property Management Regulations were promulgated on June 8, 2003 by Order No. 379 of the People's Republic of China, and amended in accordance with the Decision on Amending the Property Management Regulations on August 26, 2007.
Legal basis: Article 1 of the "Property Management Regulations" in order to standardize property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated.
Article 2 of the Property Management Regulations, the term "property management and surplus management" in these Regulations refers to the activities of the owners through the selection of property service enterprises, and the owners and property service enterprises in accordance with the property service contract to repair, maintain and manage the housing and supporting facilities and equipment and related sites, and maintain the environmental sanitation and related order in the property management area.
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Article 1 of the Property Management Regulations in order to standardize the property management activities, safeguard the legitimate rights and interests of owners and property service enterprises, and improve the living and working environment of the people, these regulations are formulated. Article 2 The letter prepared by these regulations refers to the property management by the owners through the selection of property service enterprises, by the owners and property service enterprises in accordance with the property service contract, the housing and supporting facilities and equipment and related sites for repair, maintenance, management, maintenance of environmental sanitation and related order in the property management area.
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Property is what we often deal with in our daily life, and the big and small things we live in must be linked to the property, and we as the head of the household enjoy the convenience brought by the property, but also have to bear certain obligations, which is also stipulated in the relevant laws of our country. The following answers the questions about what are the provisions of property laws and regulations. 1. What are the provisions of property laws and regulations?
Housing Maintenance Management", "Property Management Regulations", "Measures for the Management of Property Service Enterprise Qualifications", "Measures for the Management of Residential Special Maintenance Funds", "Interim Measures for the Management 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 Managers", "Property Law of the People's Republic of China", "Real Estate Management Law of the People's Republic of China", "Legal of the People's Republic of China", "** Law of the People's Republic of China", "Company Law of the People's Republic of China", "Regulations of the General Meeting of Owners", " Measures for the Administration of Residential Interior Decoration and Decoration, Regulations on Financial Management of Property Management, and Regulations on the Management of Urban Appearance and Environmental Sanitation.
Property Management Regulations", "Property Law", "Decoration Management Regulations", "Property Management Measures". From the perspective of protecting the legitimate rights of citizens such as the democratic rights and personal freedom of property owners, there is the Constitution of the People's Republic of China; From the perspective of property rights protection, there is the Property Law of the People's Republic of China; From the perspective of adjusting the relationship between the rights and obligations of the owner and the property management company, there are the General Principles of the Civil Law of the People's Republic of China and the Contract Law of the People's Republic of China; From the perspective of damage compensation, there is the Tort Liability Law of the People's Republic of China; From the perspective of maintaining the order of property management, there are the "Public Security Administration Punishment Law of the People's Republic of China" and the "Criminal Law of the People's Republic of China"; From the perspective of the main management of property companies, there are "Chinese People's Second and National Public Bureau Stool Justice"; There are also a series of laws and regulations on public management related to fire protection, environmental protection, health and epidemic prevention, etc.
2. What are the provisions of the Property Law on property fees?
Article 79 The funds for the maintenance of buildings and their ancillary facilities belong to the owners in common. By the joint decision of the owner, it can be used for the maintenance of common parts such as elevators and water tanks. The raising and use of maintenance funds shall be announced.
Article 80 Where there is an agreement on the cost sharing and income distribution of buildings and their ancillary facilities, the agreement shall be followed; If there is no agreement or the agreement is not clear, it shall be determined in accordance with the proportion of the owner's exclusive part in the total area of the building.
Article 81 Owners may manage buildings and their ancillary facilities on their own, and may also entrust property management service enterprises or other managers to manage them. The owner has the right to replace the property service enterprise or other manager hired by the construction unit in accordance with the law.
It can be seen that the laws and regulations of property are large and small, and there are relevant provisions from different perspectives. From the perspective of property rights protection, there is the Property Law of the People's Republic of China; From the perspective of adjusting the relationship between the rights and obligations of the owner and the property management company, there are the General Principles of the Civil Law of the People's Republic of China and the Contract Law of the People's Republic of China; From the perspective of damage compensation, there are the Tort Liability Law of the People's Republic of China. The above is the answer to the question of what are the provisions of property laws and regulations.
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