Mechanism For The Settlement Of Disputes Over The Property Service Contracts

Property services in China introduced late,but the development momentum is strong,accompanied by the property service contract disputes are increasing day by day.In recent years,with the development of property service contract disputes,substantive law has been constantly improved to guide the adjudication of cases.However,in judicial practice,the number of property service contract disputes is increasing recently,occupying judicial resources,resulting in the shortage of judicial staff in the court.In addition,with the popularity of commercial housing,property service contract relationship has become one of the most common social relations,a large number of disputes have a great impact on the relationship between the two sides,their contradictions impact on social stability.Therefore,the procedural law should continue to be perfected.This paper analyzes the status quo of property service contract disputes,and puts forward a reasonable way to resolve the dispute.The first part of this paper explores the basic characteristics of property service contract disputes by retrieving cases,analyzing relevant data.These include such as large number,type single,bulk prosecution,similar litigation and defense reasons,single outcome of case processing,etc.The second part combines the relevant case analysis laws and regulations to clarify the main types of property service contract disputes.The property service contract is analyzed in chronological order,and the system of property service contract dispute is obtained.The third part analyzes the current situation of property service contract disputes,and finds out the existing problems and reasons.In particular,the current property service contract dispute resolution mechanism mainly exists the following problems:First,the judgment cannot solve the contradiction,high litigation costs,difficult to serve.The fourth part is to construct a new type of property service contract dispute resolution mechanism.In view of the characteristics,problems and reasons above:First,adhere to the dominant position of the proceedings,apply the principle of good faith to limit malicious litigation,unify the standard of adjudication of cases,and establish a complete litigation system.Second,the establishment of a diversified dispute resolution mechanism.Optimize the judicial confirmation process,promote mediation and settlement,and improve small-scale proceedings.Third,improve other related systems.To play the role of judicial advice and circuit courts.Property service contracts have become an important type of contract.In order to effectively resolve the property service contract disputes,on the one hand to improve the behavior of each subject,on the other hand to improve laws and regulations and related systems,only in this way,the order of the property service market will be more standardized,the relationship between the two sides will be more harmonious.