Research On Property Management Company’s Safety Guarantee Obligation

In China,neither the construction of the "security obligation" nor the emergence of the property company is far from old.This brings the supply of the security obligation of the property company and the demand of the residents for the security obligation provided by the property company,which leads to the situation of "the supply exceeds the demand" of the safety guarantee,and leads to many property disputes.Therefore,objectively,we are required to improve the safety and security obligations of property companies to make greater efforts,and put forward more feasible countermeasures.This article uses the data analysis method,the typical case type method and the comparative analysis method to carry on the demonstration to the real estate company security obligation in the practice question.And on this basis,it explores the theoretical basis and the practical guarantee of the security obligation of the property company,through the introduction of the typical cases,which make the problems in practice concrete,and highlight the research focus of this paper.This paper mainly discusses the theoretical issues of the security obligation of property companies.As a legal obligation,property companies can be divided into two parts: hardware and software.The legislative basis comes from the interpretation of compensation for personal injury and the Law of Tort liability.In view of the application of safety guarantee obligation in the field of property disputes,under the prominent problem of typification,it is found that the scope of application is too narrow,which leads to the lack of victim protection.Reasonable limits are defined casually,and there is no unified standard of use,which leads to the different judgment of similar cases;In the application,the judge only pays attention to the formal "rules" but not into the judicial effect caused by the "rightful" in essence,and the social effect is poor.In view of the above problems,this paper puts forward some suggestions: first,expand the scope of the main body of protection,expand the scope of the subject of safety and security rights of property companies and the "non-owner" group;Second,standardize the criteria for judging reasonable limits and incorporate reasonable considerations.Under "scope of obligation(scope of protection)-identity of entrant(protection subject)-perception of danger(controllable)" and "relevant reasonable factors",the judgment mode of property company violating the obligation of safety and security is constructed.Reduce the problems that occur in application;Third,some suggestions on reducing related property disputes in reality are mainly the use of technology to make up for the negligence and shortcomings of manpower.