Security Responsibility Of Estate Service Company In Third Party Infringement

With the rapid development of the service industry,the obligation of security has become a particularly hot topic in recent years.There are more and more disputes caused by the obligation of security,especially the disputes in property management are facing with an awkward situation.With the process of urbanization,residential areas and properties are inseparable.In our country,the laws and regulations on property management are not improve and prefect,especially when the third party infringes the rights and interests of the owners,whether and how to bear the responsibility of the property has become a major problem in judicial precedents.The author combines the 2017 hot case "nanny arson" to specifically analyze whether the property company should bear the tort liability and what kind of responsibility should be assumed when the third party is harmed.The full text is divided into four parts.The first part introduces the case,and combines the identification and enforcement of criminal judgments to analyze the division of civil liability in this case.Through the filing of the civil indictment of the victim's family,the responsibility and division of the property company in the case are analyzed.The second part mainly writes the premise,which make a list to the content and basis of the property company's safety guarantee obligations when the third party is injured.From the content of the property security guarantee obligations,the constituent elements,the theoretical basis,the legal basis to explain,the theory is relatively strong.The third part mainly analyzes the identification and responsibility of Green town property security obligations in combination with the case study.From the specific application of the security obligation,it analyzes whether the property company violates the security guarantee obligation and proposes the limit conditions for the property company to assume responsibility.After all,the property company is not a direct infringer,so the responsibility is also within a certain limit.The property company is in the first place.It is also a certain defense to assume responsibility for the infringement of three people.The fourth part puts forward the deficiencies and improvement measures of the property security guarantee system in the process of applying the law.At present,China's property security guarantee obligations are relatively weak and not perfect,and it is still unable to effectively solve the disputes between various properties and owners.Propose judicial advice and advocate for the state to accelerate this legislation.