Study Of Security Obligation Of The Property Service Enterprise In The Residential District

The property service enterprise assumes security obligation, and it is an objective requirement to protect the safety and interests of the residents. Although the article 37 of tort liability law in China establishes the system of the security obligation, more controversies exist in theory and in practice: whether the property service enterprise is the subject of security obligation, and what the content of the obligation, the principle of the imputation, the form of the responsibility and judgment standard are. In the paper,classifying analysis is carried out. And it thinks that the property service enterprise is responsible for the owner, the actual user of the property such as the lessee and the borrower, and the people permitted into the district in security obligation. The obligation is on the basis of the property service contract signed between the parties, but it also has the nature of legal obligation. The security obligation of the property service enterprise includes the obligation of keeping, maintaining and equipping the building and supporting equipment, but also it includes that enterprise staffs have the obligation of warning,explaining, protecting, stopping, rescuing and so on.When it violates the security obligation, the property service enterprise should bear breach of contract and tort liability,and bear the supplement responsibility for harm from the third person. Considering the actual situation,China should further clarify the subject of right, the subject of obligation and standard of reasonable limits of the security obligation in the property service, and should relieve the risk through the way of liability insurance.