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 Garden Forum III, the real estate business interest groups and to maintenance and management, property management is conducted in a way the administration, real estate property management between users and those who enjoy a benefit of those relations and administration. With the increasing push forward reform of the housing system, the unit gradually withdraw from the areas of property, work unit no longer bear the social responsibility of the allocation of housing. residential district by a developer after the developer agreed by the Government, real estate developers by individuals through the market to buy; property maintenance and services provided by specialized property. Therefore, the commercialization of urban housing, the market then, property owners and developers and is a market relationship between the companies. owners choice to consumers of goods and property services, property developers and property companies to provide goods and services operators, both the service and the service relationship between the developers and property owners and the relationship between the companies by the laws and regulations to regulate and constraints. in accordance with the logic of the market economy, once the two sides appeared in one of the parties defaults, the two sides of the contract and the relationship may terminate, the defaulting party or even go the other party in accordance with the law bear the corresponding loss. However, the actual situation of the operation of the property is far from simple. developers and property companies for breach of contract, infringement is very serious, but owners often can not by law to protect their legitimate rights and interests, it is difficult to obtain compensation for developers, not to mention the dismissal of incompetent property companies. Here, the legal and market instruments are not properly and effectively functioning. Thus, after the housing reform is not a property management kinds of administrative operations, nor is it simply the market / operation of the law, but a composite of administration and interest groups involved in the issue. (a) the emergence of real estate interests and composition after the establishment of new China, the establishment of a totality of social structure (Sun Liping, 1994; Sun Liping et al, 1994), the state monopoly on almost all important resources, almost all of the social life of a strict and comprehensive implementation of the control. In general, the social structure of this, the state has a very strong relative to the autonomous community (Sun Liping, 1996). countries in developing policy, almost do not experience the strong intervention from the community and pressure. State's will through strict organizational system - the party's unified leadership structure and unit-based organizations - to be strictly enforced, there is no soil for the growth of interest groups and space. After reform and opening up, the overall nature of the social structure is loose, the gradual transition to market economies in China, but until now did not complete the transformation of China, the pure market economy did not really set up (side Yanjie editor, 2002). in Chinese society transformation process, continue to reduce state autonomy, state apparatus increasingly passive (Sun Liping et al, 1998), many local interests and group interests separate from the state. real estate interests is in the context of social transformation in China produced, or in a combination of redistribution system and market system under the hybrid system appears. I found in the survey, in the real estate development and property management, real estate interests have clearly exists, its characterization is: First, there are real estate property management laws and regulations of interest groups prints. As the have a very close relationship (before the housing reform, the housing authority responsible for housing development and management, housing reform, the many developers and property companies are from the previous separation of the housing authority), tend to developers and property companies. �� rights of residential property owners here does not mean the probability of success is 0.5, in fact, very few successful cases rights, I spent a lot of twists and turns before the success of the three elected district rights . In order to compare the convenience, I also selected three community activists failed to contrast with the former. On the whole, the constraints are not enough, which is obviously not conducive to the owners to protect their legitimate rights and interests. Specifically, the first new management of enterprises, from business owners and property management service contract in accordance with the provisions of the property, housing and ancillary equipment and associated facilities for maintenance, conservation, management and maintenance of the relevant areas of environmental health and order mandatory property owners to hire companies to manage the district, thereby depriving the owners choose not to use the property rights of our services, excluding the possibility of property owners to manage. Second, real estate administrative departments have been appointed to control and influence industry will power. Industry Authority is the autonomous nature of the organization with the civil affairs departments should be established under the guidance and activities, but the local district and county people's government administrative departments of real estate established under the guidance of owners and the owners elected committee. the rights of owners of real estate may be subject to the administrative department of the executive power of the damage. �� The third is a dispute about the terms of the property is conducive to property companies. However, if the property did not provide appropriate services, or property provided by the company's commitment to service does not meet standards, clearly favor property management company. Fourth, the legal, which makes the court can not have legal personality Industry Authority rejected the prosecution request. property management related laws, and regulations are incomplete, as developers and property companies of infringing activities of a vast space, the developer and property in many cases are in the use of legal loopholes in copyright infringement. laws and regulations of the imperfect also difficult for the owners of rights activities, the owner of a lawsuit just to get qualified to be twists and turns. Second, the establishment of industry, the Commission also reflects the difficult problem the existence of the real estate business interests. the majority of property owners and experts in the field of industry, the Commission will stress the importance of movement for rights owners, they often set up as owners of industry, the Commission's rights to be the first step. This principle is also by developers and property companies realize that they are often found by the owner initiated the establishment of the industry, the Commission often cause them a lot of trouble. Therefore, some developers and property companies will try to delay or obstruct the establishment of Industry Authority. not only So, developers and property companies, even through various channels, together with related government departments to set up obstacles to delay the establishment of industry, the Commission. Xiaoqu Ban and streets and other government departments should have a positive guidance to help owners build industry, the Commission, but In reality, they are often the owners lack of procedures on the grounds of a Road Authority's delay or even prevent the establishment of industry. Many plot owners have pointed out the difficult problem of industry, the Commission established, the author interviewed the owners of the seven district without exception . may be driven by profit, some officials now control developers and property companies tend to stand aside. developers and property companies can pass through a lot of money .. Xiao Quban between individual officials and developers have an interest, toward the development of natural providers. Industry Authority to give what, to pack coming to an end .. I he could toward the industry, the Commission? .. CY closed toward the open mouth area Xiaoqu Ban Director developers, because developers of this very background. (see the author's interviews with property experts GP) again, the real estate business interests in real estate the field of judicial proceedings and the property has a crucial impact. As developers and property companies very serious violations, are common, the owners of their actions is gradually increasing. But the owners are extremely difficult road of litigation. The first is evidence of the problem . the owners sued the developers and property companies need to collect evidence, much of the evidence from a variety of community information. a part of such information kept by the developers, and some kept by the relevant government departments. the owners had a right to know, but in litigation Shique often do not receive such information. developers will naturally not easily provide community information to the owners, �� Xiaoqu Ban and some other departments frequently violated the rights of property owners, the following will come about this problem. The strange thing is not to provide the relevant government departments . followed by the trial court and the decision problem. When the industry, the Commission did not set up the time, some property owners to sue the company as individuals and developers, some courts often do not have the legal personality of the individual rejected their claim. but some of the Industry Authority in the name of the prosecution, are often the subject of proceedings the court has no legal qualification to the ground rejected. more bizarre is that when the owners sued the developers and property companies are very conclusive evidence, the owners obviously should win the lawsuit After a period of time developers and property companies in the verification of the relevant departments are not allowed to, and acceptance is not real, poor management and supervision of the adverse issues such as real estate are also the result of activities of interest groups. Beijing residential area there are many inferior quality building, pool area of confusion and other problems , very successfully passed the real estate administrative departments of quality inspection, a large number do not have the level of professional services in residential property companies engaged in property management, which all reflect the existence of the real estate business interests. In my interviews with the community in the existence of varying degrees of poor quality housing, area shrink, the property company's services and charges of failure is too high and so on. From the above analysis we can see, the real estate business interests mainly by the market on the part of developers, property company and the relevant government departments, government officials. the relevant government departments are mainly refers to the premises of the Board and its subordinate units Xiaoqu Ban, City Construction Committee, the District Court, offices and other neighborhood streets. Of course, only refers to the individual relevant government departments government agencies, relevant government officials only referred to certain government agencies in the developers and property companies closely related to the individual government officials. (b) is the background of social transformation in China generated. in real estate, developers from the two areas of institutional and market resources to mobilize and absorb in a short time from the enormous wealth accumulated rapidly, and received a lot of relevant government departments and the support of government officials, and gradually formed its own and property companies as the main part of the relevant government departments and government officials, including the real estate business interests. First of all, the whole of society inherited from the power network, structural relations for the real estate business interest groups formed to provide a breeding ground. a lot of literature on the old system of various factors on the upcoming formation of the new regimes. Moore (Moore, 1966; Moore, 1987) in the analysis of the global process of modernization why there is in English French-American as the representative of the democratic road to Germany and fascist Italy and Japan as the representative of the road and to Russia, China, communism represented the difference between the revolutionary road, the proposed structure of the background (historical structure) and the critical period structure (production) interpretation of the framework . He believes in the form of two great civilizations of history transforms joint point, left a large number of traditional social class factors, will shape the future an important impact on history. Hungary Hanji Si (Elemer Hankiss) in the a book that, in the process of transition to the market, the role of power will not suddenly disappear. those with the power of the cadres in the use of their grasp of power, his reconstruction of a (cited in Sun Liping, 2002b). Poland Stanislaw base (Jadwiga Staniszkis) in the political capitalism continued on, institutions to provide funds to build. the market economy, development and construction of residential quarters of the task falls upon the developer. On the surface, urban housing has been the market, commercialization, and government responsibility for housing development gradually delivery market. but many now real estate development companies are transformed from the former premises of the department came, developers and real estate administrative department of a very close relationship. even for developers in terms of general forces, they and the real estate administrative departments of the relationship unusual. because the developer to obtain government-issued land use permits and construction plans approved by the government, often in need of special importance to government relations. operating in China, many real estate executives have very hard political background, or real estate difficult to develop successfully. The companies are basically attached to the property developers, most property companies are set up by the real estate development enterprises themselves, they are essentially the Ministry of property developers. This construction and management, regardless of the Bing and his son create your own interests. developers to develop a successful real estate needs with a lot of dealing with relevant government departments: Planning Bureau, the premises of the Board, Construction, Surveying and Mapping Team, the design department, Department of Transportation, district offices, Price, Trade and Industry Bureau , Gardens Bureau, Public Security Bureau, municipal, and other gas companies, and air defense. These departments can not have relationships with the developers, in some cases, in order to successfully completing the procedures of these departments, developers use their relationship, in addition, often by money, activity, developers are often many times again, or bribe the relevant departments or officials, in this case, these departments and officials will stand on the position of the developer. In fact, the developer of this part of the expenses from the market, equivalent to pre- payment of real estate development costs; also means that developers through the market learn from the hands of the owners of resources to bribe certain officials and real estate development. In order to pay for part of the additional costs and high profit real estate development, developers often pool through a multi-operator area, reducing the quality of housing, community design changes to increase the housing area and other ways to exploit the owners. Moreover, the developers in order to cover up these problems, often to their own residential property management company, try to prevent the presence of other residential property companies. �� requirements development Business address these issues and dismissed out of the old property company, is the owner rights activities of the two basic elements. China's real estate business interests is the analysis of sub-Olson Lee Group, because the goal of interest groups and extreme self-interest selfish: real estate business interests of the Group's major interest lies in maintaining the high developers and property companies and illegal monopoly profits, these profits come from the damage the legitimate interests of the owners, but with developers and property companies have been implicated in other government agencies and officials from access to : Tort of the lifeblood of life, and begin the formation of a significant impact on political life. In addition, it was also behind some of the relevant government departments and government officials, these government departments and officials and developers have a variety of close relationship. developers and property companies The main advantages: First, the information superiority. Most of the information community in the hands of developers and property companies, property owners often hide their data and information. the relevant government departments often refuse to provide information to the owners. This makes the owners wish to rights and no way. Second, the professional and technical advantages. The initial situation is often very little knowledge of the owners of property management, and property developers and property companies are experts in the field. owners of some public facilities district to understand even less the case, and Professional property management company is to send and operation. Third, the organizational advantage. developers and property owners of the company originally specialized in dealing with, when they have disputes and conflicts with the owners, they did not pay too much organizational costs. But the opposite is true owners. enjoy the property services in general is the top members of the community, they will be mainly the time and energy into his career, with little time and energy entangled with developers and property companies; and owners are scattered, which makes the owners rights organization costs are particularly high. Fourth, the interests of advantages. a single infringement of the owners may be lost thousands, thousands of dollars, but hundreds of thousands of property owners affected by the loss of benefits add up to enough achieve millionaires. The distinct differences, so that developers and property companies make every effort to protect their own vested interests. They will take a large part of the monopoly profits to bribe the relevant government departments; Council Committee members and the industry through buying the way some owners to prevent the owners of the rights protection movement; will hire security triad revenge or even the owners of rights leaders and activists. In contrast, the owners are not so strong profit motive. Fifth, financial advantage. developers to strong strength and financial resources of a single owner can not be compared. If we add the property developers and property management companies in the laws and regulations on the advantageous position, and behind some of the relevant government departments and officials of the powerful backing of the strong real estate interests position is difficult to shake. Some owners may be individuals in their field is an expert, authority, or officials, but in the real estate development and property management areas, each of them, even the atoms of the collection, are vulnerable. room strong position in real estate interests to developers and property companies lower the cost of infringement, income is very high; the high cost of rights owners, income is very low; the owners of rights is relatively low probability of success, a relatively high probability of failure . real estate interests of the strong position, it is often developers and property companies infringing the the personal and property companies threat.'s strong real estate interests also determine the status of the owners was relatively low key and conservative human rights movement's basic features. The main purpose of rights owners to legalize their legitimate rights and interests, rather than strive for more interests. the interests of the owners have been maintaining their own should get, legal, and government in line with national laws, regulations, ordinances and documents. owners of realization of the legitimate rights and interests should have been consciously by the state to provide protection, but the real estate business interest groups involved in the legalization , the developer of the housing development there are many illegal operations, in order to pass a Road on the tort to cover up the problems of developers, the old property services and charges of the company itself has problems, they often rely on the developer of a monopoly service area, resulting in much higher than the cost of the property level fees. �� See Buchanan on the definition of rent-seeking (Lu Xianxiang, 2000:6,15). (d) to the legitimate rights and interests from the legitimate rights and interests of including developers and property companies with relevant government agencies and officials, including business interests and real estate unrelated to the rest of the real estate business outside the country part of the interest groups to implement national laws and policies to safeguard members of society such as the owners should have the rights. owners rights movement's main objective is to seek the real estate business interests outside the country part of the support in order to legitimize their own legitimate rights and interests. part of the real estate business interests unsolicited Society Group - - developers and property companies, and some from state organs - real estate department, local courts, offices and neighborhood streets, with its interest is different from the state, also with the general separation of members of society, they has formed a separate vested interest groups and sub-Lee Group, has a strong exclusion, closed, monopolistic, illegal and extreme self-serving nature. circle the group for their own interests at the abuse of State authority, in violation of national laws and harm the interests of owners. Therefore, the real estate business interests from the separation of state and society, as an independent factor to be examined, it is very necessary. owners to protect their legitimate rights and interests must be rights movement excluding real estate business interest groups to obstruct the country acknowledge the legitimate rights and interests of the owners, prompting interest from the