Study On Security Obligation In Property Management

In recent years,there has been rapid development in the real estate market in China and people's expectations for a better life have increased.As a result,property management has been increasingly regarded as important to growth.With urbanization increasing,housing and its management issues have been a key focus point for urban development.People's daily lives are intertwined and reliant upon sufficient management of living conditions and property maintenance.Property management focuses on apartment housing and overseeing all the utilities,maintenance,common areas,daily upkeep,security,parking,gardening,and so on.Maintaining people's quality of living has therefore become important parts of the march towards urbanization.Having a comfortable,safe environment is one of the most basic yet important expectations of living.In order to satisfy this demand,it relies on the property management company to provide sufficient professional management services.Although there is now a basic legal framework in place for property management regulations,it is still a relatively young industry only a few decades old in China.Even today,there is no complete and systematic legal system guiding property management services.In daily life,the supply for professional property management does not meet the demand.There are numerous challenges currently throughout the management process,and such disputes are ongoing and becoming worse.The very basic issues of property management that consist of people's personal and property safety are truly in the country's best interest.This most basic guarantee of security is also a fundamental requirement for companies who provide property management.However,within the current legal regulations in China,there are no specific systematic framework addressing the obligations for security and safety when it comes to property management.The judicial practice as well as the common theory about these issues also do not often align.For reasons listed above,this article intends to analyze the current status and challenges for providing safe and comfortable living conditions in China.Some specific aspects of China's property management industry will be combined with judicial trial practices,existing domestic regulations and relevant theories about property management and analysis those issues.This article is divided into six parts.The first part will introduce the definition of obligations of safety and security for tenants in property management,analyze the differences and connections between these obligations and those of general public places,as well as to discuss the legislative value of setting proper security measures of property management.The second part aims to sort out current legal regulations governing the obligations that property management enterprises need to undertake,as well as analyzing the rift between the theory and the trial practice in this regard.The third part sets the basis and nature of obligations for security and safety in property management by analyzing relevant controversial issues in the industry.The fourth part will determine the content of obligations for security in property management and the rights of the tenant in the process.As the property service enterprises have played an important role in of protecting the health and safety for of people during the recent Covid-19 pandemic in 2020,inspired by this,one believes that the emergency response and handling of public emergencies should be included in this framework.The fifth part analyzes and discusses the issues of violating obligations in property management by looking at specific aspects such as the principles of liability,exemption,burden of proof,and constituent elements.There are situations when one can make independent choices when the property service enterprise violates the obligations and there is a competing liability.The sixth part briefly introduces the supporting system for obligations of property management,by ensuring there is sufficient liability insurance and a security guarantee fund,to make sure the rights and interests of the tenants are protected,the risks are shared,and the risk resistance capabilities of the property service enterprise are strengthened.In order to achieve an orderly unification of the legal rights for these holders and the healthy maintenance of the property management service enterprise.However,the author's ability is limited,I do not expect be able to offer some every point of view.I only hope that the conclusions obtained through analysis and research are reasonable,and put forward my own humble opinion for the construction of a theoretical system of security and safety in property management and related judicial practice.