基于市场契约城市社区物业纠纷的经济学解释及其预防机制构建

Economic Explanation of Urban Community Property Disputes and the Construction of Prevention Mechanism Based on Market Contract

城市社区物业纠纷严重影响社会和谐与稳定。物业公司与业主之间市场交换活动,实质是一种市场契约的缔结、达成过程,二者是基于经济利益的市场契约关系。城市社区物业纠纷的经济学解释是,物业公司与业主市场契约缔结、达成过程中,双方实际市场地位不对等,物业公司强势垄断,业主缺乏投票选择权,政府隐形价格规制与物业公司形成利益同盟,业主集体维权遭遇"搭便车"。构建城市社区物业纠纷预防机制,从源头上防范物业纠纷发生,必须通过立法赋予业主更多权利,健全物业公司退出机制,建立业主集体维权激励机制,完善市场契约治理机制有效运行的制度基础,才能实现城市社区和谐、稳定。

Disputes with urban community property companies seriously affect social harmony and stability.Market exchange activities between property companies and clients,in essence,is a kind of process of contracts concluded and reached,and the relationship between them is a market contract on the basis of economic interests.Disputes with urban community property companies lies in the actually unequal market status in the process of contracts concluded and reached;property companies have strong monopoly;proprietors lack options by voting;government＇s invisible price regulation and property companies form benefit league;proprietors＇ collective rights encounter ＂free-ride＂.To construct a prevention mechanism of urban community property disputes and prevent property disputes from the source,proprietors must be endowed with more rights through legislation and by strengthening exit mechanism of property companies,building up the collective rights incentive mechanism,improving the system basis for the effective operation of market contract governance mechanism so that urban community harmony and stability can be realized.