西安市住宅小区体育设施配套建设实施现状及立法保障研究

运用文献资料法、调查法以及数理统计法,根据城市居民住房的不同性质和不同建设年代,依据西安市关于住宅小区体育设施配套的立法,分别从开发商、物业公司和小区居民的角度出发,对西安市12个住宅小区的体育设施配套建设情况进行调查。通过了解在目前已有的法律法规支持下,政府职能部门对西安市住宅小区体育设施配套的监管状况,开发商和物业公司对现有法律法规的认识程度、执行情况,以及小区居民对其的认知态度等,探索和归纳西安市住宅小区体育设施配套的立法保障情况,分析发现存在开发商重视不够、物业公司人员认识不到位、业主认识不明确、建设与规划不符、产权不明晰和验收不规范、管理体系不完善、执法不力和落实不到位等问题,并提出改进措施。

On Situation of Construction and Implementation of Legislation of Physical Facilities in Communities in Xi'an

The methods of literature consultation,investigation and statistics analysis are adopted in this research.With reference to the Municipal Regulations on the Physical Facilities in Residential Districts,an investigation was then launched,based on the different types and the years of construction,into the construction of the physical facilities in 12 residential areas in the city of Xi′an.This job was conducted from the perspective of developers,property management companies and proprietors respectively.Aided by existing laws and regulations,the generalization was then obtained on legislative guarantee for the physical facilities in city′s residential districts.This was achieved through analysis of the supervision by corresponding government departments along with examination of the awareness of those developers and property management companies on the existing laws and regulations as well as that of the proprietors.It was found that problems persist in the physical facilities management.The Developers committed less vigorously to the construction of facilities,a problem worsened by the insufficient understanding of the law and regulations by staff in property management companies as well as by proprietors themselves.There is no conformance between the construction of the physical facilities and the planning,which was complicated by the unclear vision of property rights,the lack of substandard acceptance check.In addition,during the process of law enforcement,management system is prone to loops,law enforcement slacks,and implement measures leave much to be desired.In the end,the measures for improvement are proposed accordingly.