物业服务费法律问题研究——兼论我国相关法律规定之完善

A Study on Legal Issues of Property Service Fees——A Concurrent Analysis of the Optimization of Relevant PRC Laws and Regulations

物业服务费已成为许多人日常生活中不可回避的问题,由此产生的纠纷也日益增多。我国物权法的出台为此问题的解决提供了更好的思路。文章以建筑物区分所有权为理论基础,以我国相关法律规定为依据,从理论和实践两个层面上,论证了交纳物业服务费应是一项法定义务,进而从收费标准的确定、费用的收取和保管、费用的利用和监管及业主权益受损时的补救等环节,提出了一些完善相关法律规定的构想。

Now that the payment of property service fees has become unavoidable in people＇ s life and has consequently resulted in considerable disputes, the unveiling of the new Property Laws provides a better platform on which related issues and disputes can be effectively handled. With reference to relevant laws and regulations and on the basis of the theory on condominium system of buildings, this paper expounds and proves, in terms of both theory and practice, the reason for the payment of the fee as a lawful obligation. Moreover, some ideas have been advanced in this paper for optimizing related rules and regulations with regard to the standard of rates, charges, custody, utilization and monitoring of the fees as well as the compensation for owners＇ rights and benefits in times of damage.