| The property is closely related to the owner’s life.With the rapid development of the property service industry,a large number of property contract disputes have occurred.However,the current legislation lacks the specification of the property service contract,and the main body,nature and type of the property service contract are not clear enough,resulting in the lack of applicable clear laws when the property service contract disputes occur.Therefore,it is necessary to discuss the relevant legal issues related to the property service contract in order to better standardize the property industry and improve the property management system.The unclear legal position and the dislocation of rights and obligations are the root of the confusion in the field of property services.The status of owners’ group is not clear,and it can not compete with the legal status of property service enterprises.It is difficult to guarantee the right of the owner to choose the property service enterprise independently,to realize the owner’s right to know and supervision,and to intensify the contradictions between the parties to the property service contract.The key to improve this series of problems lies in the improvement of the property service contract at the legislative and practical levels.There are six chapters in this paper.The first chapter is the introduction,which mainly introduces the background and research significance of this paper.Although the property service industry is flourishing,it is not perfect.Through the theoretical research,to protect social public welfare with legal weapons,to facilitate people’s participation in social public management practice,to promote the development of a harmonious society,which is the purpose of this paper.The second chapter mainly introduces the concept of property service contract,clarifies the main body of the contract and makes a brief explanation and explanation of the legislative status of property service contract in China.Because it involves many subjects,the property service contract described in this paper has changed the contract due to the different exercise of rights among different subjects.Clarify which aspects of our legislation are embodied in detail,which problems have laws to follow,which problems are temporarily put on hold.The third chapter introduces the main problems of the real estate service contract.This paper explores the practice and legal system of property service contract,and puts forward the improvement plan of legal system.The fourth chapter is the innovation of this paper,which refers to the different provisions of property service contract in different legal systems.We pay more attention to humanized management in the civil law system,and integrate the concept of democratic freedom into the property service contract,while in the common law system,we pay more attention to centralizing the rights and balancing the development of both parties.This paper introduces the legislation of property service contract in continental law system and European and American law system respectively.In each law system,two or three countries are cited as examples,through comparative analysis and summary of the experience suitable for China’s national conditions.The fifth chapter summarizes the first four chapters,and at the same time puts forward the problems in the third chapter one by one and gives reasonable suggestions.The status of property service contract in China is very important,and perfect behavior is indispensable.Not only to improve the content of practice,the introduction of laws and regulations will inevitably promote the progress in practice.In terms of the owner,it is necessary to clarify its own rights and corresponding obligations.Developers should also improve the selection process,clear the breach of contract and the way to bear the liability for breach of contract,clear the charging standard.From these three aspects put forward rationalization suggestions,so as to draw the conclusion of chapter six. |
