Statistics and Analysis of Cases Involving Residential Special Maintenance Funds Disputes in Nanning City in 2019
Time:
2020-04-08
Author:
Huang Wei Lian
Source:
Guangxi Tongwang Law Firm
Visits:
132
In recent years, the real estate industry has developed rapidly, but it has also been accompanied by a series of economic disputes related to the vital interests of owners. Among these economic disputes, disputes involving special housing maintenance funds are one of the concerns of owners.
In this case analysis report, the author primarily utilizes the "Alpha Case Library" as the foundational case data source, collecting and organizing 162 effective judgments from 2019 concerning residential special maintenance fund disputes adjudicated by the Nanning City and its辖区 county courts. Based on this, the author performs statistical data analysis regarding the quantity distribution of cases involving residential special maintenance fund disputes, the distribution of case quantity across trial levels, the characteristics of case litigation subjects, and the adjudication of cases. This leads to a summary of court judgment rules, ultimately seeking pathways for the prevention and resolution of disputes related to residential special maintenance funds.
I. Data Sources and Relevant Instructions on the Case Analysis Report
(I) Time
Time: January 1, 2019 - December 31, 2019.
(II) Source of Cases
Case source: Alpha case library.
(III) Search Criteria
1. Court level: Intermediate People's Court, Basic People's Court.
2. Trial procedure: First instance, second instance.
3. Document type: Judgment.
4. Full text: Special maintenance fund.
5. Intermediate Court: Under the jurisdiction of Nanning Intermediate People's Court of Guangxi Zhuang Autonomous Region.
(IV) Number of Cases
Number of cases: 162, including 146 first-instance cases and 16 second-instance cases.
(V) Data Collection Time
Data collection time: January 30, 2020.
II. Case Distribution of Quantity
As shown in the figure above, through the visualization analysis of the court, we can see that the courts that hear the most to least cases involving disputes over special housing maintenance funds are Nanning Xingning District People's Court (75 cases), Nanning Jiangnan District People's Court (30 cases), Binyang County People's Court (28 cases), Nanning Intermediate People's Court of Guangxi Zhuang Autonomous Region (16 cases), Nanning Xixiangtang District People's Court (5 cases), and other courts such as Long'an County People's Court, Nanning Liangqing District People's Court, Nanning Yongning District People's Court, Hengxian People's Court, and Mashan County People's Court involve between 1-3 cases.
III. Distribution of Case Trial Levels
As shown in the figure above, we can see the distribution of trial procedures for cases involving disputes over special housing maintenance funds, of which there are 146 first-instance cases and 16 second-instance cases. And it can be estimated that the first-instance appeal rate is about 10.96%.
IV. Case Litigation Subject Situation
(I ) Overall Situation of the Parties
As shown in the figure above, through the visualization analysis of the parties, we can see that the parties involved in the most cases involving disputes over special housing maintenance funds are: Guangxi Jiahe Real Estate Group Co., Ltd., Wen Musong, Nanning Tongde Property Service Co., Ltd.
(II) Situation of the Attacking Parties
As shown in the figure above, through the visualization analysis of the attacking parties, we can see that the parties who have served as plaintiffs, appellants, etc. the most times in cases involving disputes over special housing maintenance funds are: Guangxi Jiahe Real Estate Group Co., Ltd., Nanning Tongde Property Service Co., Ltd., Guangdong Longguang Group Property Management Co., Ltd. Nanning Branch.
(III) Situation of the Defending Parties
As shown in the figure above, through the visualization analysis of the attacking and defending parties, we can see that the parties who have served as defendants, appellees, etc. the most times in cases involving disputes over special housing maintenance funds are: Guangxi Hongri Dongsheng Investment Co., Ltd., Nanning Minzu Branch of Industrial and Commercial Bank of China Co., Ltd., Nanning Tongde Property Service Co., Ltd.
V. Case Judgment Situation
(I ) First-Instance Judgment Situation
As shown in the figure above, through the visualization analysis of the first-instance judgment results, we can see that 137 cases are fully/partially supported under the current conditions, accounting for 93.84%; 9 cases are fully rejected, accounting for 6.16%.
(II ) Second-Instance Judgment Situation
As shown in the figure above, through the visualization analysis of the second-instance judgment results, we can see that 16 cases have upheld the original judgment under the current conditions, accounting for 100.00%.
Summary
Through the statistics and analysis of the above basic data, we can know that in Nanning City in 2019, in cases involving disputes over special housing maintenance funds, the litigation subjects of the cases are: the main subjects of litigation are real estate development companies and property companies; the judgment of the cases is: the first-instance win rate is very high, and the second-instance all uphold the original judgment.