Research On The Problems And Countermeasures Of The Implementation Of Emergency Handling Measures By Property Service Enterprises In The COVID-19 Outbreak

With the outbreak of COVID-19 in many places across the country,property service enterprises are actively involved in grassroots epidemic prevention and control.At the third meeting of the Commission for Overall Rule of Law of the CPC Central Committee,General Secretary Xi Jinping called for comprehensively improving the capacity for law-based prevention and control,and providing strong legal guarantee for property service enterprises to participate in epidemic prevention and control.The National Health Commission pointed out that residential areas are the basis of grid management and the first line of defense for epidemic prevention and control,and property service enterprises play a decisive role in the epidemic prevention and control of residential areas.Before the People’s Republic of China(hereinafter referred to as the Civil Code)promulgated,our country there is no law of property service company responsible for the executive government emergency disposal measures to make the provisions of the obligation,but similar COVID-19 outbreak the emergency and wide range of emergencies,need realty service enterprise to carry out the local government emergency disposal measures according to law,cooperate to handle a large number of specific works.Article 285(2)of the Civil Code of The People’s Republic of China has timely solved the problem of "lack of justification" in the implementation of the government’s epidemic prevention and control measures by property service companies.However,it is difficult for property service enterprises to implement emergency response measures in the COVID-19 pandemic by solving the problem of "right and wrong" at the legislative level.A series of problems that need to be solved are mushroomed.If not solved,the emergency measures implemented by the government will be difficult to be timely implemented at the grass-roots level,and the safety rights and interests of the majority of owners will be challenged.Therefore,it is urgent to explore and establish a relatively perfect system of implementing emergency measures.At present,the main problems are as follows: 1,the legal provisions on the implementation of emergency response measures lack of specific procedural elements;2,there is no supervision mechanism,resulting in the implementation of emergency measures at a discount.3.Property service enterprises bear too much responsibility for epidemic prevention and control and lack legal guarantee.Based on the interpretation of relevant laws and regulations on the implementation of emergency response measures in epidemic prevention and control,combined with the problems encountered in the implementation process,this paper analyzes the deep-rooted reasons behind the problems,and puts forward a plan to improve the implementation of emergency response measures by property service enterprises.First,the main lists new crown disease performed in the emergency disposal measures of typical cases,summed up in the realty service enterprise in the implementation of three kinds of problems,namely,refused to cooperate with the government emergency management work,break the boundary of the content,refuse to perform obligations,in case raises realty service enterprise in the practical problems in the process of implement contingency measures.Second,the scope and methods of implementing emergency response measures by property service enterprises during the COVID-19 outbreak are reviewed.Based on the Civil Code of the Civil Code,the Emergency Response Law of the People’s Republic of China(hereinafter referred to as the Emergency Response Law),the Property Management Regulations and other laws,the scope of the emergency response measures that property service enterprises should take in accordance with the law,the cooperation with community management,and the fulfillment of the responsibilities of property service enterprises during the COVID-19 outbreak has been clarified.The purpose of this part is to provide legal basis for the analysis of the third part.Third,in the context of COVID-19 prevention and control,property service enterprises play an important role in grassroots prevention and control.Due to the lack of relevant legal protection in the current implementation level,the property service enterprises have some problems in the process of implementing emergency disposal measures.Through the analysis one by one,the corresponding solutions are put forward as theoretical support for the fourth part.Fourth,propose solutions according to the problems encountered in the judicial practice of implementing emergency response measures listed above.Based on the current situation of epidemic prevention and control at the grass-roots level in China,suggestions are put forward for the problems existing in the implementation of emergency response measures by property service enterprises during the COVID-19 outbreak.Under the premise of implementing emergency response measures in accordance with laws and regulations,property service enterprises can avoid unnecessary infringement on the legal rights of owners,so as to ensure the personal and property safety of community owners in the COVID-19 situation.