On The Security Guarantee Obligations Of Property Service Enterprises In Residential Communities

In practice,community owners and their relatives or other personnel have suffered frequent personal and property damage within the scope of property management,and cases where victims have asked them to take responsibility for the failure of the residential community property service enterprise to fulfill their safety and security obligations.However,the law stipulates that property service companies’ security guarantee obligations are vague,and there are still many disputes on some issues in academia.In order to better solve the disputes and problems that exist in practice,this article will focus on the issues related to the security guarantee obligations of residential community property service companies.In addition to the introduction and conclusion,this article is divided into four parts.In the first part,the basis and nature of the obligations of the residential community property service enterprise to assume the security guarantee obligation.This section discusses two issues.The first issue is the basis for the residential community property service enterprise to undertake the security guarantee obligations.The author believes that its basis includes three aspects,namely,legal basis,legal basis and contract basis,which can be subdivided into dangerous Control theory,reasonable trust theory,good faith principle and cost-effectiveness theory,the legal basis includes not only the “Consumer Rights Protection Law” and other legal provisions,but also the “Property Management Regulations”,local regulations,and relevant judicial interpretations.The second question is what kind of obligations the security guarantee obligations of residential community property service companies belong to.The author believes that the security guarantee obligations undertaken by residential community property service companies have the dual nature of legal obligations and agreed obligations.The second part is about the objects and contents of the security guarantee obligations of residential community property service enterprises.As far as this article is concerned,it is undoubted that the subject of the security guarantee obligation is the residential community property service company,and there are some disputes in the practice of the security guarantee object.The author believes that the security object includes the owner,quasi-owner,property user and other Persons who are allowed to enter the residential area.According to thespecific security guarantee obligations that property service companies have to undertake,they can be divided into security guarantee obligations on people and security guarantee obligations on objects according to the object of obligation;they are divided into precautionary obligations,intermediary prevention obligations and Handle obligations after the fact.The third part is the responsibility of property service companies in residential communities for breaching their security guarantee obligations.When a residential community property service company violates its security guarantee obligations,it will have breach of contract or tort liability.The liability for breach of contract is generally determined directly in accordance with the contract,but under special circumstances,the contract needs to be interpreted.If the agreement on security guarantee obligations in the property service contract is unclear,the parties concerned should be investigated and determined based on comprehensive consideration of the property service costs,legal provisions,and local property service level standards;if the security guarantee obligation is not stipulated in the property service contract,or Although there is an agreement but it is lower than the statutory standard,or if the agreement violates the law,the minimum standard prescribed by the law shall be used for determination.In this case,tort liability is involved.Regarding tort liability,the author mainly discusses how to judge whether the behavior of the property service enterprise violates the safety guarantee obligation and whether there is a causal relationship between the behavior and result of the property service enterprise.The author believes that property service companies ’violation of their security guarantee obligations is specifically reflected in three aspects,namely,property service companies’ inaction beforehand,inaction and inaction afterwards.In addition,although the elements of tort liability in tort law do not include illegality,the author believes that judging the illegality will help to determine whether the property service enterprise has fulfilled its security guarantee obligations.Regarding the standard for judging the illegality,there are two viewpoints in the theoretical circle: the result is illegal and the behavior is illegal.The author believes that it should be discussed separately.In the case of a direct infringement by a property service enterprise,the law of unlawful results should be adopted;in the case of a direct infringement by a third party,and an indirect infringement of the property service company,the theory of unlawful behavior should be adopted.With regard to the judgment criteria for causality,in the case of direct infringement by property service companies in residential communities,the "anti-weakening" rule is usedto judge causality,that is,if the property service company actively acts,no damage results or damage can be reduced,Then there is no causality.In the case of third-party infringement,the "positive strengthening" rule and the "anti-weakening" rule are used to determine the degree of association between the third-party’s actions,residential community property service companies’ inaction and damage results,so as to judge the property service companies Whether there is a causal relationship between inaction and the result of damage.In addition,when there is a third party infringement,the author also discussed three issues.The first is the discussion of the form of responsibility.The author believes that in the direct infringement by a third party,the responsibility of the residential community property service company due to failure to fulfill its security guarantee obligations is a supplementary responsibility.The second is the discussion on the order and scope of responsibility.The author believes that the property service enterprise should bear the responsibility after the direct infringer,and the scope of responsibility is the remaining part when the third party cannot fully compensate.The third is the right of recourse.The author agrees that residential community property service companies have the right to recourse.For those parts that exceed their responsibilities,the residential community property service companies have the right to recourse against the direct infringer after taking the responsibility for compensation instead of the direct infringer.The fourth part is the legislation and practical suggestions on the security guarantee obligations of residential community property service enterprises.The author proposes four suggestions to further clarify the security guarantee obligations of residential community property service companies,refine the content of security guarantee obligations,clarify the "reasonable limit" judgment standards and introduce third-party assessment supervision mechanism.