Case Analysis Of Security Obligations Of The Property Company

With the rapid development of the city and the improvement of people’s living standard, people who are from the collective unit housing distribution, raising prices to the individual purchase of housing according to their own needs, realized the housing privatization, which makes the earth-shaking changes have taken place in China’s housing ownership structure. At the same time, the roles of household and community management is also changing, which realized progress that is from the relationship of administrators and managers to the service and the service providers. But because the property management is a new thing, affected and restricted by regional economic development level, policy specification, city planning, design and construction quality of the environment and many other factors, the related responsibilities and there is no effective regulation. Especially its security obligations, but in real life was discussed most frequently, a problem of the most controversial. China’s laws, regulations and relevant judicial interpretation provisions existing, only a general sense of safety and security obligations, and no specific provisions cited provisions property Service Corporation security obligations, and the regulations formulated by the State Council "property management regulations" on the property management in the security obligations, principle, type, scope and so on also in there is confusion and contradiction. Therefore, the establishment of a unified, comprehensive range of types of clear principles, properly as soon as possible the safety security legal system, is an effective way to solve the relevant property management disputes in judicial practice.This paper is divided into three parts, about more than twenty thousand words, the main contents are as follows:The first part:the basic facts and the focus of controversy. This part mainly introduces the basic situation of the case and the court trial results. Then points out the legal problems of the dispute focus and case. The second part:analysis of the focus of controversy of the case law. Mainly involves the concept of security obligations, the nature and the content and the violation of the duty to safeguard security elements, imputation principle and types of responsibility. Combined with this case, the trial of the cases the result to put forward some different views.The third part:put forward the principles about the security property company obligations and recommendations on the property company risk prevention, in order to make the sustainable and healthy development of the property industry in our country, the legitimate interests of residents get effective guarantee to provide some help.