Theory Of Realty Service Enterprise Security Obligation

In recent years, the realty service enterprise develops rapidly because of the stimulus and actual needs to the development of the real estate market. Due to characteristics of the strong tightness between the realty service enterprise and the the owners, a variety of increasingly prominent contradictions and disputes accompanied by the development of the industry become one of the focuses of high social attention.And one of the most prominent disputes is the case that the realty service enterprise fulfills the duty unsuccessfully or reasonably. This kind of disputes has precisely become a thorny problem for the theory circle and practice circle.The provisions of legislation lacks of obligations of safety and security obligations whether the provisions of general law or the special provisions of the legislation of property services. Due to the defects of the legislation and the different understandings of the same kind of problem on the actual practice, in judicial practice there exits a phenomenon that the courts basis on the different judgment standard about the same kind of problem. In theory, it is insufficient about the discussion of this problem. On the one hand the discussion of this issue is not comprehensive and profound, on the other hand theoretical research about the confusion caused by the problem seems to be a public consensus. Therefore, it is necessary to more in-depth research and analysis this problem.In the first part of this paper it is the basic overview of obligations of security services of the realty service enterprise. Based on the definition of related concepts, it analysis deeply the nature and the basis of application of the security services of the realty service enterprise. And it reflects the real plight of the security services of the realty service enterprise in China through the analysis on legislation and legal practice of all kinds of the problems.In the second part of this paper it research mainly the content and scope of the security services of the realty service enterprise. The legal relationship of property management includes subject, object and content. The content of the legal relationship is rights and obligations between the two sides. The part mainly analysis the content of the security services of the realty service enterprise and indicates the responsibility of the realty service enterprise.The third part of this paper mainly analysis the civil liability of the security services of the realty service enterprise. The main types of the obligation are dividedinto two categories: liability for tort and liability for breach of contract. Firstly it introduces the imputation principle, composition and defenses. The second is about the analysis of the causal relationship of liability for breach of contract. Finally it discusses concurrence between liability for tort and liability for breach and takes responsibility for whether the third person or not.The fourth part of this paper advises on the improvement of the security services system of the realty service enterprise. This chapter mainly includes four aspects.The first descries the legal obligation of security service in the property service enterprise.The second descries self-improvement of the property service enterprise. The third puts forward that the realty service enterprise should establishes mechanisms for risk management on obligations of security services. The forth discusses the public security departments should be given the power of supervision, examination and guidance on security measures of residential property.In a word, This paper mainly researches and discusses the following issues concerning the security services of the realty service enterprise. It includes its the concept, legal attribute, and the main types of obligation in violation of security services, the imputation principle, composition and defenses, and the proposition for perfecting the system of its security services facing to the real plight of the security services of the realty service enterprise.This paper expects to benefit the judicial practice to solve the problem of the security services of the realty service enterprise through in-depth study of these problems.