Study On The Safety Obligation Of Realty Service Enterprise

Breaching of security obligations is a new tort in our "Tort Liability Act", but the security obligations in fact was already established in our law. The security obligation has a wide range of applications. It is a legal obligation, and can also be contractual obligations or accompanying obligations in the performance of the contract. The security obligation norms have a strong theoretical foundation, and of great practical significance. Currently, property management ubiquitous in people’s lives and has been inseparable to us. It is an objective requirement for the property services companies to assume security obligations, so as to protect the interests of the safety of the residents. The security obligation of the property services business is of important legislative value and practical value.The current laws and regulations, including the "Property Management Regulations" and local laws and regulations, to a certain extent, have provided some regulations on the security obligations of the property services businesses, and the judicial practice has been widely begun to use the security obligations in dealing with property disputes. The property services business in violation of the safety and security obligations will assume the tort liability or held liable for breach under the property under the contract. However, our security obligations legislations for the realty service enterprise exist some flaws. Lacking of criteria makes varying referee in similar cases. Enterprises and owners of property’s understanding of the security obligations of the property services business is not very comprehensive and the supervision from the executive is limited. The application of the security obligations of the property services business also lacks the support of the supporting systems and appears weak. This article bases on the general theory of safeguard obligation and China’s property specifically legislation to investigate the application of China’s property services enterprises of security protection obligations of the Mansions, and trying to put forward to solve these deficiencies proposal with reference information.Here follows the main structure and content of this article:The first part introduces of the realty service enterprise security obligations in general. Firstly, it introduces the concept of property-related service enterprises, including the definition of property, property management and property services companies and property services companies and related subjects of legal relations. Secondly, it defines the security obligations of the property services enterprise. Thirdly, it analyzes the theoretical basis of the property services business security obligations, including the principle of good faith, risk control theory, reasonable reliance theory, save the theory of social costs.The second part introduces the legislations of the property services security obligations and the problems they have. The first fraction analyzes the value of the legislation of our property services enterprise security obligations, which reflects the positive significance of the protection of human rights. The second small fraction shows China’s existing legal provisions which summarize the specific content of the security obligations of the property services business. The third section describes problems of the provisions of the security obligations of the property services business and of practical application.The third part introduces the provisions in foreign counties. Firstly, it introduces the general situation of the national security obligations, specifically through the introduction of civil law in Germany, France, Japan and the common law system security obligations, showing the background and history of the development of safety and security obligations. Then, the section provides the information in the special provisions of the security obligations. The second part of this section compares the differences and shows the significance we can learn.The fourth part is describes how to improve our property services enterprise security obligations system. The main recommendation is making the judicial interpretation, which should show the nature of the security obligations and establish the standard system and other specific elements. Then this article pointed out that the special legislations, however, should be improved to perfect the security system. Finally, from other angles, it explores how to improve our property services enterprise security safeguards obligations system.