The Research On The Obligation Of Property Service Company For Community Security

With the development of economy and the improvement of people's living standard, the communities gradually become the important part of the city. Its close relationship with the property management company has been developing rapidly. The company of property management brings convenience to the people. In the meantime, management dispute also begins to rise. In 2003 the supreme people court promulgated"the explanation on several issues of the laws about compensation cases for human injuries", which regulates the obligations for the security. But it's not insufficient that, laws and regulations and the relevant judicial interpretations of this regulation is too vague.The problem which this paper tries to solve is the security obligations contents, features, responsibility nature and responsibilities which the property management company has for the owner. Based on the cases, by the case analysis and solution, we discuss and research the property management company's security obligations.This paper will be divided into three parts, about 18 thousand words.The first part: mainly on the property and property management concepts and content is expounded, and the realty service contract contents, features were discussed. Think realty service contract is a new and independent service contracts.Part two: for security obligations of ontology described in this paper. Mainly include security obligations concept, content, properties, etc. Main point of debate in security obligations nature, have legal obligation, obligations agreed upon struggle, the author thinks that, property management company's security obligations shall be the legal obligation, is a minimum of obligations. Combined with case study for the above problem is expounded, will of integrating theory with practice.Part 3: mainly discusses property management company in violation of security obligations when assume tort liability constituents, way, range, etc. Elements exist in the main fault disputed point of the definition, the use of causality. And on the property management company violates the security obligations when additional liability and recover the problem discussed, think in a third party when property management company to undertake infringement additional liability and enjoys salved.This paper mainly through analyzing cases in the form of above problems are analyzed and interpretation, balancing of interests in this paper through the use of theory and practice, in order to will be combined to the problems existing in reality guiding role. Due consideration to fairness and interests and better solve problems.