Research On Owner's Right Of Defense In Property Service Contract Disputes

The acceleration of the urbanization process and the rapid development of the real estate industry have made property services an emerging industry,and there has been explosive growth.As a result,property service contract disputes have also shown an explosive growth trend.Although the property service contract disputes are small,they are relatively wide-ranging and are likely to cause mass incidents;if they are not handled properly,they are easy to stimulate social conflicts.One of the main forms of contradiction is that in the case of the owner defaulting on property fees and the property service company suing the owner,the owner exercises the right of defense for a number of reasons.Therefore,the research on the owner's right of defense in the dispute of property service contract is of great significance for improving the relevant legal system and finally solving such contradictions.The full text is divided into three chapters:The first chapter is mainly about the basic theoretical discussion of the owner's right of defense in the dispute of property service contract,which mainly includes the subject and the exercise of the owner's right of defense,etc.,laying the theoretical foundation for the full text discussion;It mainly summarizes many current disputes and finds many reasons for the owners to exercise their right of defense.On this basis,it analyzes the six major deficiencies in the current laws of China,including the unclear definition of the owners,the unreasonable selection mechanism,and the unclear security obligations.The service standards are vague,the burden of proof is too heavy,and the cost of litigation is too high.On this basis,the reasons for the current judicial dilemma in China are summarized.The third chapter mainly deals with the solutions proposed in the second chapter from the legislative and judicial issues.It clearly defines the scope of the owners,perfects the selection mechanism,clarifies the objects and scope of security,and clarifies the service standards.Responsibility,propose solutions to improve the dispute resolution mechanism.