论《民法典》中的物业管理与业主权利

On Property Management and Owners’Rights in the Civil Code

物业服务企业管理缺失与权利越位的问题,根本原因在于过去忽视从财产法的角度界定物业管理的价值。业主如何深度参与物业管理、物业服务企业因权责不明而怠于履行其义务等问题有望在《民法典》的框架下得到合理解决;在立法上还应科学界定小区共有部分的层次,以明确各方权责;同时以公共资金作为业主之间的利益连接点,使业主积极参与物业管理活动。

The fundamental reason for the offside of the rights of property service enterprises in practice is that the value orientation of property management was not defined from the perspective of property law in the past.The problems such as how the owners deeply participate in property management and the property service enterprises are lazy to fulfill their obligations due to unclear responsibilities are expected to be further solved under the framework of the civil code.In order to change the situation that property service enterprises are the executors of“residual rights”of construction units,public funds should be used as the interest connection point between owners,so that owners can actively participate in property management.In legislation,we should scientifically define the scope of the common part of the community in order to clarify the rights and responsibilities of all parties.