城市社区物管“信托制”实验:行动目标与行动路线

Trust Mode for Estate Management Experiment at Chinese Urban Community:Its Action Objectives and Path

城市社区物业管理冲突在当今是一项被高度关注的基层治理公共事务。探索冲突解决之道,是党和政府、社区居民致力通过共建、共治、共享的社区共同体建设,寻求问题解决方案的集体行动过程。“信托制”作为尝试回应城市社区物管纠纷的一种自下而上与自上而下相结合的治理机制创制,以信托法律规范来建构社区信义关系的内核,在此基础上,突破原有“包干制”与“酬金制”的局限性,将物业费和公共收益定义为业主的共同财产,业主成为社区的“主人翁”,以委托人和受益人的身份委托物业服务事务;物业管理人作为受托人的“大管家”,承担委托的责任,通过公开透明的共同资金账户,使业主获得知情权和监督权,共同治理城市社区,实现社区的共同利益,推动社区营造。

Mode of estate management of urban community as a significant public affairs which effects real estate property owners’life quality attracts more and more attentions.Due to a variety of conflicts between owners and estate management company,concerns about taking community collective action to solve problems and negotiate disputes become a critical public issue as a part of urban grassroots governance in communities.For the past 30 years,urban community experienced two main modes of estate management successively,that is,“lump sum”and“remuneration”at different stages.But the two modes viewed estate management as a set of commercial operation and make money,especially regarded owners just as customers,combined with lack of service standards and effective regulation,resulted in serious interest conflicts in urban community.In order to facing problems and finding roads to resolve these conflicts,there are several experiments to negotiate relationship between owners and estate management company from bottom to top,and from up to down as well,trust mode is one of fund mechanism to facilitate reconstruction norm of relationship of owner and management company.Broadly speaking,trust mode of estate management aims at and overcomes limitations of“lump sum”and“remuneration”,based on the spirits of PRC Trust Law,changes relationship of owner and estate management company from business nature toward“host and servant”relation.The role of estate management company plays the trustee in the management process,at same time,owner becomes the principal,the charge of estate management is defined as common fund of owners in urban communities.With open and transparent contract and promise,owner and estate management company collaborate the urban community through responsibility-sharing,discussion,negotiation,and supervision,try to push forward to establishing the confidential relation and improve the quality of urban community governance.