物业管理政府监管法律问题研究
发布时间：2019-06-08 18:12
【摘要】：改革开放以来,经济迅猛发展使居民的收入不断提高。以收入的不断提高为基础,居民对居住条件的需求也在不断的提升,强势的市场需求推动下,房地产行业也迅猛发展。随着房地产行业的飞速发展,作为提升居住品质重要方面的物业管理被从国外引入。物业管理行业方兴未艾,潜力巨大。作为物业管理后发国家,我国相关制度存在着一定的缺失。立法上,以《中华人民共和国物权法》(以下简称《物权法》)为基础;以《物业管理条例》为支撑;以各省、市、自治区、直辖市的相关地方性法规和政府规章为补充,物业管理法律制度初步形成,这对物业管理行业意义非凡。但上述法律、法规略失之于宽泛,已不能完全适应物业管理的现状。随着物业管理行业的不断发展,物业管理法律、法规渐渐难以适应物业管理行业的快速发展,而市场的自我调节又有其固有缺陷,物业管理行业是保障民生的一个重要方面,政府监管是十分必要的。本文运用实证分析法、比较分析法等研究方法对实践中物业管理政府监管中的法律问题进行分析,并试着提出一些具有参考意义的法律对策。本文主要分为四大部分:第一部分:介绍物业管理的起源、发展和含义及物业管理政府监管的含义及特征,并阐述本文的理论基础。首先介绍了物业管理的起源、发展以及在我国的发展,并简要介绍物业管理的含义;然后从行政法的角度对物业管理政府监管的含义以及其特征进行了介绍;最后阐述了本文的理论基础。理论基础主要分为两部分,第一是法学理论基础,主要是行政法的服务论;第二是经济学理论基础,主要是政府干预理论。第二部分:分析物业管理制度的现状。对物业管理政府监管法律制度的现状,从立法现状、实践现状两个方面进行分析。第三部分:分析物业管理制度存在的问题及法律成因。对存在的问题及导致问题出现的法律上的成因进行了探讨。第四部分:提出法律上的对策与建议。针对物业管理政府监管中存在的问题,从法律角度提出相应的对策与建议。本文在法律的视角下对物业管理政府监管现状进行分析,并对如何协调政府、业主、物业管理企业三者之间的关系进行了探讨。
[Abstract]:Since the reform and opening up, the rapid development of the economy has led to the continuous improvement of residents' income. Based on the continuous improvement of income, the demand for living conditions of residents is also constantly improving, driven by the strong market demand, the real estate industry is also developing rapidly. With the rapid development of real estate industry, property management, as an important aspect of improving living quality, has been introduced from abroad. The property management industry is in the ascendant and has great potential. As a property management latecomer country, there are some deficiencies in the relevant systems in our country. In terms of legislation, it is based on the property Law of the people's Republic of China (hereinafter referred to as the property Law), supported by the property Management regulations, and based on the property Law of the people's Republic of China (hereinafter referred to as the property Law). Supplemented by the relevant local laws and regulations of provinces, cities, autonomous regions and municipalities directly under the Central Government, the legal system of property management has been initially formed, which is of great significance to the property management industry. However, the above laws and regulations are slightly broad and can no longer fully adapt to the current situation of property management. With the continuous development of the property management industry, it is gradually difficult for property management laws and regulations to adapt to the rapid development of the property management industry, and the self-regulation of the market has its inherent defects. The property management industry is an important aspect of ensuring people's livelihood. Government supervision is very necessary. This paper analyzes the legal problems in the supervision of property management government by means of empirical analysis, comparative analysis and other research methods, and tries to put forward some legal countermeasures with reference significance. This paper is divided into four parts: the first part: introduces the origin, development and meaning of property management and the meaning and characteristics of property management government supervision, and expounds the theoretical basis of this paper. This paper first introduces the origin, development and development of property management in our country, and briefly introduces the meaning of property management, and then introduces the meaning and characteristics of property management government supervision from the perspective of administrative law. Finally, the theoretical basis of this paper is expounded. The theoretical basis is mainly divided into two parts: the first is the theoretical basis of law, mainly the service theory of administrative law; the second is the theoretical basis of economics, mainly the theory of government intervention. The second part: analysis of the current situation of property management system. This paper analyzes the present situation of the legal system of property management government supervision from two aspects: the present situation of legislation and the present situation of practice. The third part: analysis of the problems existing in the property management system and legal causes. This paper probes into the existing problems and the legal causes of the problems. The fourth part: put forward the legal countermeasures and suggestions. In view of the problems existing in the government supervision of property management, this paper puts forward some corresponding countermeasures and suggestions from the legal point of view. This paper analyzes the present situation of property management government supervision from the perspective of law, and discusses how to coordinate the relationship among the government, owners and property management enterprises.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.181
本文编号：2495476
[Abstract]:Since the reform and opening up, the rapid development of the economy has led to the continuous improvement of residents' income. Based on the continuous improvement of income, the demand for living conditions of residents is also constantly improving, driven by the strong market demand, the real estate industry is also developing rapidly. With the rapid development of real estate industry, property management, as an important aspect of improving living quality, has been introduced from abroad. The property management industry is in the ascendant and has great potential. As a property management latecomer country, there are some deficiencies in the relevant systems in our country. In terms of legislation, it is based on the property Law of the people's Republic of China (hereinafter referred to as the property Law), supported by the property Management regulations, and based on the property Law of the people's Republic of China (hereinafter referred to as the property Law). Supplemented by the relevant local laws and regulations of provinces, cities, autonomous regions and municipalities directly under the Central Government, the legal system of property management has been initially formed, which is of great significance to the property management industry. However, the above laws and regulations are slightly broad and can no longer fully adapt to the current situation of property management. With the continuous development of the property management industry, it is gradually difficult for property management laws and regulations to adapt to the rapid development of the property management industry, and the self-regulation of the market has its inherent defects. The property management industry is an important aspect of ensuring people's livelihood. Government supervision is very necessary. This paper analyzes the legal problems in the supervision of property management government by means of empirical analysis, comparative analysis and other research methods, and tries to put forward some legal countermeasures with reference significance. This paper is divided into four parts: the first part: introduces the origin, development and meaning of property management and the meaning and characteristics of property management government supervision, and expounds the theoretical basis of this paper. This paper first introduces the origin, development and development of property management in our country, and briefly introduces the meaning of property management, and then introduces the meaning and characteristics of property management government supervision from the perspective of administrative law. Finally, the theoretical basis of this paper is expounded. The theoretical basis is mainly divided into two parts: the first is the theoretical basis of law, mainly the service theory of administrative law; the second is the theoretical basis of economics, mainly the theory of government intervention. The second part: analysis of the current situation of property management system. This paper analyzes the present situation of the legal system of property management government supervision from two aspects: the present situation of legislation and the present situation of practice. The third part: analysis of the problems existing in the property management system and legal causes. This paper probes into the existing problems and the legal causes of the problems. The fourth part: put forward the legal countermeasures and suggestions. In view of the problems existing in the government supervision of property management, this paper puts forward some corresponding countermeasures and suggestions from the legal point of view. This paper analyzes the present situation of property management government supervision from the perspective of law, and discusses how to coordinate the relationship among the government, owners and property management enterprises.
【学位授予单位】：山西大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D922.181
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