Legal Research On The Safety And Security Obligations Of Property Service Enterprises

The economic development leads to the rapid progress of the real estate industry,and the urban residential buildings are springing up like bamboo shoots after a rain.The past housing model has been slowly replaced by the modern property service model.People to yearn for a better life,the influx of rural population to cities,led to the population expansion of the city,The demand of urban residents for property services in the community is increasing,realty service enterprise as caretakers of the residential area,in addition to providing basic property services,community staff personal safety and property security.In recent years,there are more and more disputes about the obligation of property security.However,there is no code of conduct for the property service industry stipulated in China’s laws and regulations,no matter in the newly issued Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)or other legal documents.Based on this,the research on property security obligation is not only conducive to easing the disputes between property service enterprises and community personnel,but also can promote the development and perfection of China’s legal system.In judicial practice,the disputes between property and community personnel about security obligation mainly include the following issues: First,although the content of property security obligation is generally believed to include two aspects of property and people in the community,but the specific implementation content is not stipulated by law;Second,does the right subject of property security obligation only include the owner,or all the people who enter the community? Third,is the property security obligation legal obligation or contractual obligation? Corresponding to this,is the liability for tort or breach of contract? The fourth,When a third person hurts a member of the community,property should be security obligations to perform to what extent?Based on the academic theory research at home and abroad,this paper integrated the judicial cases,summarizes the Property security obligation of the main problems existing in the compulsory judicial disputes,and the content of property safety obligation,the subject so frights,nature,bear the blame when Failure to fulfil that obligation.When the third party harms the community personnel,the duty of property "reasonable limit" decision criteria are analyzed,Finally,it puts forward suggestions to improve the property security obligation system,hoping to make a contribution to improve the property service enterprise security obligation through studying these problems.