Research On The Legal Problem Of Property Service Contract

With the rapid development of China's economy,the scale of residential quarters is expanding,people's demands for living environment and quality of life are increasing,and property services have begun to enter the era of scale and specialization.In the new situation,the property service faces great challenges.On the one hand,the requirements of the owners are increasing and the standards are constantly improved;on the other hand,the service mode of the property service enterprises is too old to meet the needs of the present situation.There are frequent conflicts between the two.At present,as a property service contract which reflects the rights and obligations of the owner and the property service enterprise,its concept needs to be further clarified,its content needs to be further improved,and its related supporting system needs to be further strengthened.As to the regulation of the property service contract,China's legislation in this field is still in a relatively vague stage.The definition is not clear,the system is not sound,the standard is unclear and lack of flexibility,the lack of strong legal guarantee for the rights and obligations in the contract,the lack of effective remedy in the conflict dispute,and the lack of administrative supervision in the government.Therefore,through the study of the basic theory of civil law and some related problems arising in the judicial practice,this paper analyzes some basic problems that appear at present,and puts forward some suggestions for improving the legislation and establishing the system through some reference to the legislative experience abroad,with a view to further ensuring the legitimate rights and interests of the owners and raising the reasonable areas of the property service in the reality.Effective operation efficiency and social security and stable development.This article is divided into four parts: first,the introduction,introducing the basic development of the current property service in China,starting from the social background of the current property service contract,points out that the purpose of this study is to further understand the meaning of the property service contract and the existingproblems,and then put forward the corresponding suggestions for the effective regulation of the contract.It also provides strong support for judicial decisions.The significance of the study is to further improve the legal norms,to provide effective support for the handling of contradictions and disputes,to improve the efficiency of the judiciary,and to serve the maintenance of social stability.The first part of the text expounds the basic outline of the property service contract,and gives a detailed description of the basic concepts,characteristics,types and the basic legal relations of the property service contract,and further analyzes the essence of this kind of contract to understand its characteristics and the particularity of the subject,object and content of the contract,from the basic nature of the contract itself and the need to cover it.The basic contents of the real estate service contract play a specific role.It will provide theoretical support for further analysis of problems and the improvement of norms.The second part describes and analyzes the legislative status and existing problems of our property service contracts,and finds out the shortcomings of the current legal provisions.After that,it focuses on the specific status of the property service contract,which is different from the special subject status of other types of contract,the binding effect of the contract in the execution of the contract,the agreement and implementation of the liability for breach of contract,the unreasonableness of the existing contract terms,the determination of the fee standard of the property service charge,and the existence of the property service contract at the present stage.The problem is analyzed in all directions and multiple angles.The third part is some reference for foreign legislative experience.This paper mainly studies the legislation of the property service management in the Anglo American countries,such as Britain,the United States,Singapore and the civil law countries,such as France,Germany and Japan,to understand the characteristics of the establishment of the subject of the contract,the clear of the rights and obligations,the establishment of the standard of evaluation,the direction of the legislation and so on in this field.At present,the solution to the problems in the realty service contract and the improvement direction oflegislation play a role of reference and help.The fourth chapter,in view of the problems raised in the second chapter and the analysis,puts forward the main position of the owner committee to improve the owner's power and judicial efficiency,and the suggestions and reasons for the problem of the contract effectiveness in the judicial trial,and the reasons for solving the problem by one by one,and the problems of the determination,undertaking and relief means of the contract breach of contract,and so on.The specific content,identification standards and remedy ways should be perfected;the specific standards for the service charge standards are put forward,and the concrete system of the government supervision is perfected to provide the basis for the rationalization of the charge for the property service.The owners' rights and interests are infringed because of the inherent defects of the free form clauses.