Research On The Legal Issues Of Property Service Disputes

How common are property service disputes in cities? There are about 20000 property dispute cases every year,and the disputes entering the grass-roots courts are on the rise.Property service disputes have been regarded by some people as another "urban disease" after population expansion,traffic congestion,environmental degradation and rising house prices.In the real estate disputes,the owner and the property company’s defense on the payment of property fee is more prominent.For such cases viewed from wusuing.com,the author uses "property service disputes" as the key word for retrieval.In 2019,there were more than 400000 cases of property service disputes that had been publicized.In terms of the way of closing the case,except for the withdrawal of the plaintiff due to the unknown whereabouts of the owner,most of the cases that the court made the judgment were the winning cases of the property service enterprise,and the owner’s defense reasons were not established,so the property service fee must be paid to the property service enterprise.Because there are too few laws to be relied on and the legal definition is vague,the decisions made by the court according to the existing judgment rules often have different judgments in the same case,and the owner’s rights and interests are difficult to realize.At the same time,for the malicious owners,the current legal regulation is still insufficient,we need to establish an effective regulatory mechanism.Therefore,this paper starts from the relevant cases of property service disputes found in the judgment document network,through the first,second and retrial results of the cases,the court’s judgment basis to find out the problems in the cases,the author finds out the following problems and puts forward solutions:First,we should make clear the validity of the early property contract.The author believes that it is necessary to clarify the mandatory provisions of property contract effectiveness laws in the early stage,such as the impact of the most prominent bidding in the focus of disputes on the effectiveness of the contract,to make property service contracts famous,and to introduce targeted laws specifically for such contracts,so as to better regulate the contract issues.Finally,in the early stage of the property contract,we should establish a system that the developer is the guarantor of the performance of the contract,and perfect the rare problem that the owner requests the property company to perform in the early stage of the property contract.Second,reasonably define the proper cause of the owner’s defense.The property company and the owner have a lot of arguments on whether the property expense should be paid in the court trial of the relevant cases.As a contract that can restrict the rights and obligations of the owner,under the simultaneous performance mechanism,the property owner puts forward the property fee request,naturally there will be corresponding defenses raised by the owner.Then,the legislative aspect needs to refine the relevant provisions of the interpretation of the supreme law on property service disputes on supporting the defense of owners,and reasonably define what kind of defense reasons the owners put forward can be supported by the court.The author suggests to refine the unclear part of the interpretation in law,so as to provide a strong basis for judicial practice and guarantee the two sides’ defense right.Third,the evaluation standard of property service defects is quantified.How to establish the defect of property service needs a set of evaluation criteria.It is suggested that in judicial practice,we should combine the three dimensions of quantity,quality and interest relationship,and set clear standards for each dimension,such as the degree of delay in performance or no performance,and set a reasonable value for this degree,so that the defects of property service can be separated from the previous defects of abstract evaluation based on experience and evidence chain.Through the standard to give the defense the direction of providing evidence,change the evidence,the evidence is difficult to assess the adverse consequences of defects,to provide guidance for the practical referee.Fourth,the burden of proof of property service disputes needs to be reasonably allocated.The case inevitably involves the proof link in the court trial.For the property industry which has the characteristics of continuous service,the owner and the property company should give evidence for the fault of both parties,and the distribution of the burden of proof should be based on the principles of fairness,reasonableness and good faith,considering both parties’ ability of proof and the facts of the case,so as to avoid the unreasonable reasons such as the difficulty of giving evidence to the owner The existence of elements.Fifth,establish a sound property system.Through the classification of property fees according to different types of residential charges,and the details of the charges through a unified standard form of balance.Secondly,we should pay attention to the supervision of fees and the regulation of malicious owners who are in arrears.On the basis of learning from western experience,we should improve the property fee system,promote the formation of norms in the aspects of property fee charging links,charging standards and consequences of arrears,and build a harmonious relationship between property companies and owners.It is hoped that the above suggestions,while protecting the rights and interests of the owners,promoting the development of the property industry and standardizing the court’s judgment rules,need to discuss the issue of property service disputes from the perspective of judicial practice,with a view to improving the law and resolving disputes.