On Housing Property Management's Security Responsibility

From last century 90's, the property management as a rising industry starts rapidly in our country. At the same time, the property dispute also increases straightly, and the problem of property security is especially prominent. But the legal relationship involved is complex, the service standard is fuzzy, the legislation is short of and so on , so it exists many argues in the property management's security responsibility in the educational world and the judicial practice. So it is extremely essential to strengthen the research and the discussion to the security responsibility.Besides the introduction and the conclusion, this article has five parts of compositions. In the first part, it analysis the source and content of the property management in security responsibility, and believes that the security duty not only originates from the bilateral contract agreement, but also originates from the legislation. The security duty mainly has three aspects, namely security duty in the facility equipment, the security duty in the control system, the security duty in guarding and controlling the illegal activity. In the second part, it carries on the discussion on the legal nature of the security responsibility in property management, and believes that between the property service enterprise and the owner is one kind of congruent relationship, therefore the nature of the security responsibility also mainly is the contractual liability, but when it hasn't fulfilled the security duty in facility equipment and made the owner harm, it also has to undertake the right infringement responsibility. At this time the violation responsibility and the right infringement responsibility will compete together. In the third part, it studies on the legislation of property security in Taiwan and Hong Kong area. The Security Services in Property management is the important content of property service in Taiwan and Hong Kong area, and all have the assignment qualifications request to the property security, the security responsibility's stipulation is quite explicit, and disperses the security responsibility risk through the purchase insurance. In the fourth part, it researches on the security responsibility when the third party makes infringement, and believes that in the situation which the third person causes the owner injured, the property service enterprise can't refuse to undertake the responsibility for the contract not be clear about the agreement security responsibility. To judge whether the property service enterprise arrived the security responsibility, we should judge from the contract agreement, and next from the property service enterprise's intelligence rank, the charge standard, the security rules and regulations. In the situation of the third person violating the form of the property service enterprise's responsibility is supplement responsibility, the responsibility principle is suitable to the mistake responsibility principle. In the fifth part, it puts forward the proposal to consummates the housing property security service, and suggests to enhance the legislation level of the property management, and then formulates the law of property management, we should consummate the legislation of Security Services in Property management from each level, and strengthen the management; We must vigorously promote the community safe mode which unifies the security responsibility and the commercial insurance.