Realty Service Enterprise Security Obligations Of The Research

Since the nineties of the last century, property management as an emerging industry has been rising rapidly in the mainland of China. In recent years, it has formed an operating mechanism of enterprise management and professional management preliminary. The property services business and people in residential are getting close. At the same time, the number of the property disputes also increased significantly, especially the cases which damage the owner’s and the relevant persons’ body and property because of property service enterprise not fulfilling their obligation of safety reasonably. As this kind of cases lacking of legal provision or other reasons, there are so many controversies in theoretical circles and judicial practice about safety obligations in property management such as principle of attribution, way of assuming responsibility and standard of compensation. In this case, to strengthen the research and study in the property management of security responsibility have become necessary.In this paper, in addition to the introduction and conclusion, there are four parts. The first part discusses the concept of the safety obligation in property management, legal basis and the source. Property service enterprise taking the obligation of safety guarantee is refers to the property service enterprise should protect owners’body and property safety according to the law or the service contract. Legal basis mainly concludes five kinds, which is risk controlling theory, profit theory, rational expectation theory, and corporate social responsibility theory and saving the social cost theory, while making a brief introduction on the three main sources of security obligations:laws, contracts and previous action.The second part of this article mainly discussed the scope and content about the safety obligation. The property service enterprise security obligation includes two parts, one is facilities, and the other one is management activities. The second part mainly includes system construction; service management and helping the owners prevent or suppress the infringement from other people. The scope of the security obligations includes subject, object, time and space. The object should be extended to all people who have suitable reasons to enter the residential area, not limited to the contract. Space generally contains the entire closed range; it can also be extended to the area outside under special circumstances. The time is24hours a day.The third part is a focal point, this paper discusses the property service enterprise to assume the civil liability when others infringe on the owners. If it is the offender, the property service enterprise should assume direct responsibility, the result is clear without controversy, so this part describes the theorist of indirect responsibility which is more controversial. It mainly includes five areas:the responsibility of the constituent elements, the principle of attribution, the forms of liability, the exemptions and the methods of compensation. This part shall emphasis such view:presumption of fault and the additional responsibility.The fourth part of this article mainly points out three suggestions which are used to help the property service enterprise take responsibility. The first one is to clear principle of attribution, the second one is to clear responsibility standard, and the last one is to compensate for mental damage. Those are all my own humble opinions, just hoping to start a discussion and do my shallow power to promote our legal service in the area of the property service enterprise to assume security obligations.