Owner Right Protection Research In Realty Service Contract Disputes

Refers to the realty service contract disputes in the process of the contract,the parties enter into a contract and the government administrative departments for the use of the property,infrastructure maintenance activities of disputes and contradictions.The common types of disputes that are common today include: the dispute over management rights,that is,whether the provider has the right to service a particular community.A dispute over a property service charge,which is a dispute arising from the refusal of one party to pay a property service charge.Management responsibility for the dispute,main show is due to the internal facilities and environment maintenance of disputes,because of village owner’s private heap,and built the place,there were parts facilities disputes caused by improper use,and the village community security responsibility owner’s claim to the property company disputes caused by the relative party be liable for damages.The dispute of the property service contract is characterized by the characteristics of multiple,group,diversity and complexity.In recent years,the property service contract dispute has become one of the important types of civil cases with the further popularization of property services.The dispute is the most common type of case in litigation due to property service fee and property company’s safety guarantee.In contract disputes,the property service charge because it is the lack of effective standard evaluation realty service quality,and the burden of proof shall be borne by the owner,the owner cannot guarantee contract interests.In because of security obligation of disputes,the boundaries of property management company security responsibility and the proportion is unclear,the owners of personal right and property right is easy to suffer from property company or a third party,whose legal rights and interests is difficult to guarantee.From such a trial practice point of view,to protect the rights of the owners can from three aspects: first,the perfect legal protection of the rights of the owners,should be reasonable allocation of the burden of proof in the litigation,guarantee the owner of the right of defense.At the same time,the unification of judicial discretion is guaranteed.Secondly,set up to strengthen the external supervision mechanism of property services,namely to strengthen the administrative departments for realty service enterprise to perform the contract conditions and the supervision of the property company service personnel qualification and establish a neutral third party realty service quality evaluation institutions supervise the service quality.Thirdly,the supervisory consciousness and function of the owner and owner autonomy organization should be strengthened.At the same time,we should strengthen the publicity of the legal system,cultivate the awareness of the rights of the owner,and broaden the means of protection.