| In 2020,the proportion of my country’s permanent urban population will reach63.89%.With the rapid development of urbanization,more and more people live in cities,people are more and more closely connected with modern property service companies,and disputes over security obligations are also emerging one after another.The birth of my country’s "Civil Code" has brought new developments in the provisions of security obligations,so it is necessary to analyze whether these changes in laws and regulations are sufficient to meet the needs of practice,and what disputes still exist in practice that need to be further resolved.This article is divided into five chapters.The beginning is the concept of property service enterprises,the origin of security obligations,the theoretical basis and source of obligations for property service companies to perform security obligations.The second chapter summarizes the laws and regulations on which judges deal with disputes over violation of security obligations by property companies in judicial practice,and focuses on the new changes in the Civil Code,which are the most frequently applied laws and regulations,that is,changes in the scope of liability subjects and rights of recourse.affim.At the same time,it summarizes the four major elements of responsibility,the form of responsibility,and the reasons for reduction and exemption of property rights under the background of the "Civil Code" for violating security obligations and assuming tort liability.In short,the constituent elements of liability are the tort,the result of the infringement,the causal relationship and the fault.The form of responsibility is divided into direct responsibility and supplementary responsibility.When the property does not fulfill its security obligations and directly causes damage to the victim,it shall be liable for compensation;when the third party’s infringement directly causes damage and the property’s omission is accidental,the property shall bear supplementary responsibility.The victim’s subjective intention or the third party’s fault is the reason for property reduction or exemption.The third chapter selects 236 sample cases by setting keywords,studies,compares,summarizes and counts these cases,and summarizes the controversies existing in practice.The fourth chapter examines the abstract provisions and different viewpoints in the current laws,regulations and theories through the problems in judicial practice.Therefore,this part mainly introduces the problems in practice,how to stipulate in legislation,and what disputes in theory.These issues include the definition of the "reasonable" limit.In judicial practice,the original judicial interpretation and the original Tort Liability Law are usually used as the basis for judgment.It is less applicable to other legal provisions,and other standards except legal standards and rational person standards are used.Also less applicable.The fault liability principle is generally followed in practice as its imputation principle,but it is quite controversial in the theoretical circle.When the property undertakes supplementary responsibilities,there is a situation where supplementary responsibilities and share-based responsibilities are mixed up in practice.At the same time,the "corresponding" supplementary responsibilities are also a vague area of legislation.The property has the right of recourse after taking the supplementary responsibility,but the right of recourse based on the supplementary responsibility also has the confusion of unclear scope.In practice,the proportion of responsibilities borne by property owners varies greatly,and the same case is subject to different judgments,and similar cases are subject to different judgments,resulting in unreasonable judgment results.Chapter 5 puts forward corresponding suggestions for the above-discussed issues,hoping that the adjudication of such cases can have clearer rules as the basis for adjudication,so that the result of adjudication is more predictable and fair. |
PDF Full Text Request