Research On The Identification Of Tort Liability For Property Service Companies That Violate Safety And Security Obligations

Since the birth of their own,the moment did not stop the pursuit of the value of security.In the community the property services companies to bear the safety and security obligations."Personal Injury Compensation Interpretation" was first established in the form of judicial security obligations,"Tort Liability Law" promulgated later."Property Management Ordinance" also enterprises to provide security obligations on the property service.As the property services industry in China started late is not mature,in the face of increasing violations of security obligations arising from property disputes,so the existing laws and regulations seem a bit stretched.Judge in the judicial trial,due to the provisions of the law is too vague and abstract,discretionary discretion when the arbitrariness is too large,often occurs similar cases of different judgments.In academic theory,scholars are also concerned about the contents of the obligation.In order to maintain the justice function of law,this paper has made contributions to the development of legal theory.This paper discusses the contents of safety and security obligations of property service enterprises.This paper expounds the content and legal basis of the service guarantee enterprise 's security guarantee obligation in the theoretical level.As part of the civil and commercial law,the author covers the contents of the obligation from the perspective of the infringing event,combined with the legal provisions and social practice to get the property in three stages of the obligations.Combined with the value of civil and commercial law,the source of the existing analysis of security obligations exist in the three legal basis.Then the analysis is the written legal norms.The author of the property service enterprise security obligations in the existing tort liability legal framework,the infringement of the relevant laws and regulations from the tortliability principle,the responsibility of the constituent elements and the responsibility of the provisions of the three points were analyzed TheSubsequent debates of the controversy arising from the determination of responsibility.There are four aspects of infringement in the identification of infringement: the attribution of the burden of proof,the scope of the main body of the right to recognize the obligation to bear the responsibility of the form of responsibility.The views of the scholars in the mentioned issues were sorted out.At the end of the paper,the author put forward their own views on the dispute.In view of the problems existing in the determination of tort liability,the author thinks that it is beneficial to the fairness of the burden of proof in the judgment of the infringement.The burden of proof by the advantageous property is more conducive to the protection of the rights and interests of the victim.Considering the intention of the law Under the premise of the right should be appropriate to expand the main body in order to cover as much as possible the victims of the dispute;illegal identification of disputes in the "reasonable limits" put forward a comprehensive standard,from a multi-angle to consider the standard requirements,,The third person involved in the case of infringement,the property should bear the corresponding additional responsibility,the corresponding scope to consider the two factors,and the property can bear the additional responsibility to the third person after the recovery.