Property Company Security Obligations Empirical Research

In June 22,2017,a case of arson occurred in the blue Qianjiang District of Hangzhou,which resulted in the death of four people,and the arson Mo Huanjing was eventually sentenced to death.In this case,it is exposed that there is no alarm for residential smoke detectors,inadequate fire and water pressure and low efficiency of property early warning,which directly relates to the safety obligations of property companies,which has great impact on the whole country.Because China's property industry is a rising sunrise industry,in the upgrading stage,the obligation of safety obligations between property companies and owners should be unclear on related contents.The judicial interpretation of the Supreme People's court said only "is not limited to the property service contract in express terms,laws and regulations,relevant industry standards,and property services companies to make public service commitment and established service rules,but also to determine the property service enterprise's obligation basis",various other laws and regulations did not make clear provisions.Therefore,through a variety of cases,this article clarified and refined the security obligations of the property companies,and effectively guaranteed the rights and interests of the property companies and the owners.On the one hand,it does not allow property companies to take too much responsibility to prevent the long-term development of the industry.On the other hand,we must effectively protect the rights and interests of owners in terms of safety.With the Central Committee on "in principle no longer closed residential construction,the relevant requirements have been built residential area and the unit compound to gradually open,also mention the property company security obligations required to upgrade.This paper discusses the specific contents of the safety obligations of the property company,especially the fire safety,and uses case,form and diagram to identify which elements should be included in the scope of the safety guarantee obligation of the property company.This paper expounds the responsibility of how to investigate the security obligation of the property company.Because there are more articles on the infringement of the third party in the safety guarantee obligation of the property company,the emphasis is that the responsibility of the property company to undertake the obligation of security guarantee is the presumption of fault,and it is shared by the fault according to the proportion of its fault,which facilitates the Division of responsibility.It is discussed that the relevant legislation of property security obligations in the future should be more unified and more detailed.At the same time,the court can unify the yardstick when trying relevant cases.The first chapter of this paper enumerates eight cases,leads to the related problems of the security obligation of the property company,and provides the basis for the discussion of the following.The second chapter of this article mainly discusses the concept,theory and legal basis of the security obligation of the property company.The property company,the concept of the obligation of security is based on the property company and the owners of equal consultation,the property company's behavior,industry habits and cell material conditions based on factors such as,by the property company to the owners of personal and property safety of the negative light and take positive measures to safeguard obligation.The theory of the security obligation of the property company mainly adopts the view of the continental law system.The legal basis is the decision of the State Council to amend the << Property Management Regulations >>,the Tort Liability Act,the contract law,the law of the protection of consumers' rights and interests,etc.The purpose is to provide a legal basis for the content of the third chapter.The third chapter mainly discusses the nature and content of the security obligations of property companies.The nature of the obligation of safety obligation of the property company adopts the viewpoint that the contractual obligation is concurrence with the legal obligation theory.Take the principle as the principle and take the agreement as the supplement.In terms of content,the obligations of the property company must be fulfilled and the infringement on the third party.This paper mainly discusses the basic principles of solving the related problems of the safety obligations of property companies at the present stage,and sets up a framework for the contents of the fourth chapter.The fourth chapter of this article mainly discusses the obligation analysis and legislative suggestion of property company's safety guarantee.The main responsibility is the contract responsibility.At the same time,it is necessary to determine the tort liability of the property company according to the first behavior of the property company,the industry practice and the hardware and software conditions.The principle of liability fixation conforms to the liability for breach of contract and the presumption of fault.The way of undertaking responsibility is mainly money compensation,supplemented by eliminating danger.In legislation,it is recommended to standardize standards as far as possible,while improving laws and regulations.Striving for a fair and reasonable solution to the related problems arising from the obligation of safety protection of property companies.In a word,through various cases,this paper explains that the obligation of safety guarantee of property companies is developing and improving.We need to fully clarify the relationship between owners,property companies and the third party three parties.The equal relationship between the property company and the owner,and the independent responsibility of the property company to the owner when the third persons are infringed.At the same time,it is also necessary to soberly recognize the relative advantages brought by the professionalism of the property companies,so as to balance the status of property companies and owners in the formulation of laws,the application of the law and the provisions,so that the rights and interests of the two parties can be well protected.