Theory Of Realty Service Enterprise Security Obligations

"Human security is the supreme law ",This is a immortal motto left by the famous British jurist Hobbs. Social security law is always accompanied with the basic value of modern society, property services companies and the owners is increasingly linked, associated with the obligation of security disputes also increased rapidly, and our obligation of security legislation and theory study is relatively weak, so it is necessary to analysis this problem further.Property service enterprise’s safety guarantee obligations should be understood as, according to the legal provisions or the contract, the property service enterprise and its staff have duty of protecting and caring the owners’ personal and property safety. Breaching of this obligation should undertake the corresponding liability for damages.The design of the system needs the support of theory. As an important legal weapon, the system of property security obligations also has a legal basis:law of safety value, risk control theory, risk return theory, the concept of a harmonious society.The property security obligations shall generally be defined as a legal obligation, when the parties have special agreement, should be defined as the obligations of the contract. The property service enterprise safety security obligations includes:residential property, facilities maintenance; industry management; preventing illegal behavior.If the property service enterprise breaches obligations,it should bear the responsibilities. The nature of the property service enterprise breaching the security obligation, with reference to foreign theories and legislations and the domestic scholar’s view, combined with China’s property management industry is actual, should be defined as a legal obligation, but does not rule out the obligations of the contract, namely to legal obligation as the main body, to the obligations of the contract as a beneficial complement. In the property company violate security obligations shall bear tort liability imputation principle, should be based on fault liability principle as its responsibility principle, but on the burden of proof should adhere to the fault onus probandi inversion approach. The realty service enterprise violate the tort liability of the security obligation should adhere to three factors:property company’s fault, the fact of damage and damage and the fault of a causal relationship between the facts. On the cognizance of causal relationship, should draw lessons from foreign causation "dichotomy" mode. In the specific form of liability should be divided into property company ’s direct and indirect responsibility.In the former case, the property company shall bear the corresponding liability for damages to its fault; in third acts directly harm situation, the property company shall bear corresponding responsibility for compensation to its fault, the realty service enterprise shall bear the liability for compensation, the direct responsibility of recourse. Only protect the owners of personal and property safety, and support services for the healthy development of the industry the interest of two respects, in order to achieve a win-win result.