Thesis On Realty Service Contract With The Owners’ Rights Safeguard

Property services area is widen in our country with the development of economy. However, property service contract disputes increase is due to that China’s property services law do not sound and the relevant law theory exist many disputes. The realty service enterprise lack of awareness of service and owners of rights awareness among owners’rights often leads to impaired. Therefore, the purpose of this study is to establish and perfect the property service contract legislation so as to protect the rights of property owners.In order to achieve the above goal, the article is divided into five sections:The first chapter describes the purpose and significance of research, research status, research scope and methods.The second chapter is the theory part. Firstly, reviewed and summarized the methods of property services contract related concepts, characteristics, classification. Then use the proof method of property service contract is discussed, through the demonstration that property service contract is different from any kind of named contract, also differs from the employment contract. Secondly, analysis the property services contract legal relationship. The subjects of Property services contract exist great controversy. But the property service contract is the only principal owners and property services companies. Owners and owners of the "committee are not subjects of real estate service contractThe third chapter the author collected case, which is the basis of the property service contract dispute against owner’ rights were discussed. This chapter is divided into three stages are concluded, discharge, lift. In the contract period, so that the owner’ right of action is blocked when disputes arise. And property service enterprise’s selection methods and procedures guide, for owners to enjoy contract rights impact. In the performance of the contract period, due to the relevant obligation of security and property management services fees system is not clear and norms to the owners of personal and property rights infringed. At the termination of the contract period, the owners are often not timely lifting of property service contract, thus causing the owners rights infringed the fact.The fourth chapter is the summary and induction method discusses our country property services contract owners’ rights legal protection. And with listing law, constitutional law, administrative regulations, local laws and regulations of the relevant provisions of the detailed analysis. Comprehensive chapter third of the infringement facts draws the following conclusion:related laws and regulations of China is not perfect. For specific performance of the realty service contract nature of uncertainty, the subjects of real estate service contract confusion, property service contract is not clear. These problems not only affect the legal authority of the deposit will cause the disunity of law application. At the same time this is the reason what lead to owner of rights violations of the fundamental.The fifth chapter uses inductive method to improve the property service contract system and safeguard the rights of property owners and put forward some suggestions. First of all, suggested that the property service contract for a new contract and determine the nature. Secondly, clear property owners and service enterprises as the main body of property service contract. Then, clear the property service contract details. For property services costs shall be subject to government reference price. Method of payment shall be a property services costs prepaid system. On the safety guarantee obligation, laws and regulations of our country should be on the security standards are strict and meticulous provision. When the property service enterprise violates the obligation of safety guarantee, shall require them to assume the corresponding supplementary liability with fault Finally, I propose to perfect the property service contract supervision and management mechanism.