Theses On The Safety Guarantee Obligation Of Property Service Company

Human safety is the supreme law is an imperishable legal maxim for posterity, which was left by the renowned British jurist Hobbes. The principal value accompanied the law is social security. In modern society, with the closer and closer relationship between the property service companies and the owners, the related safety guarantee obligation disputes also occur frequently. But there are not general rules about the safety guarantee obligation in China's Civil Law and the safety guarantee obligation has only been established in the relevant judicial interpretations. The theoretical research on safety guarantee obligation is still relatively weak. The summary of safety guarantee obligation is discussed firstly by the author, then the criterion of liability and the criterion to judge fault of safety guarantee obligation are discussed superficially and the author's own opinions are put forward with a view to be beneficial. The establishment of safety guarantee obligation not only adds a protective barrier for the consumer's personal and property safety, but also brings out the higher requirements for the operating service. Meanwhile, the introduction and implementation of Judicial Interpretations and Law Applications for Personal Damage Compensation Cases in the Supreme Court not only unify the law application in judicial practice, but also highlight the value of the modern people-oriented judiciary. The judicial interpretation about Property Management Regulations made by the Sate Council in 2003 and the partitioned ownership of building and the property service disputes announced by the Supreme Court in 2009 combined with the newly issued Tort Liability Law make efforts for the appropriate handling of owners, the property disputes about the ownership of the garage and parking space and the problem of the conditioned reality related to the livelihood. These two judicial interpretations will be implemented on October, 1, 2009. The disputes among the owners of residential property, owners'committee and property companies happen occasionally. An important question is that some details in management commitments of some property service companies often can not be done and the owner's rights are encroached. In order to safeguard the legitimate rights and interests of owner and according to the implied terms in the contractual theory, the scope of reasonable service should be enlarged by the property service companies as the follows: property service companies should make the commitments and carry out the obligations which are confirmed by the segmental regulations and rules in public service and the bidding documents, etc., not restricting to the express terms in the contracts of property service, laws and regulations and the relevant industrial standards. The author believes that in order to make safety guarantee obligation system the real protective umbrella for the rights of the owner in judicial practice and the strengthening mechanism of property operator in social obligation, a general rule should be made for the safety guarantee obligation in China. Meanwhile, in consideration of the difficulty in fault testification of property management operator by the owner, the imputation principle of fault presumption should be established in the field of security guarantee and the operability of legal system can be further strengthened. Then the safety guarantee system can really become the legal protective mechanism to achieve reasonable social distribution and social justice.