Research On The Safety Guarantee Obligation Of Property Service Enterprises From The Perspective Of High Altitude Parabola

In recent years,with the continuous advancement of the development process of urbanization,the high-rise housing has become a trend.While people yearn for a better life,they also have new social problems.High altitude parabolic behavior is a social hot issue that people pay attention to at present.Its harm is self-evident and is called "pain hanging in the air".The emergence of high-altitude parabolic hazard behavior puts forward new requirements for the corresponding regulation of the law.Article 1254 of the newly published civil code of the People’s Republic of China(hereinafter referred to as the civil code)perfects the liability rules for human damage caused by high-altitude throwing objects.The original intention is to punish,regulate and prevent high-altitude parabolic behavior and maintain public safety.However,the provisions of the law on the responsibility of new property service enterprises to undertake safety and security obligations are vague,and the application of many legal rules is not clear,resulting in excessive discretion of judges and "different judgments in the same case" in the actual judicial trial.This thesis is divided into five parts to study the application of relevant rules of safety and security obligations of property service enterprises from the perspective of high-altitude parabola.The first part is an overview of the security obligations of property service enterprises from the perspective of high altitude parabolic.Starting from the concept of security obligations of property service enterprises,this thesis studies the particularity of security obligations of property service enterprises from the perspective of high altitude parabolic,defines the corresponding right subjects of security obligations of property service enterprises from the perspective of high altitude parabolic,and uses the method of exclusion to reasonably expand the scope of right subjects.The second part is the nature of the security obligations of the property service enterprises and the legitimacy of the security obligations undertaken by the property service enterprises.Explore the controversial focus on the nature of the security obligation of the current property service enterprises,and make it clear that the property security obligation has the dual nature of legal obligation and agreed obligation,and the legal obligation is the main,supplemented by the agreed obligation.The legitimacy basis for the property service enterprises to undertake the security obligation is based on the theory of the equivalence of risk and income,the theory of risk control,the theory of safety value,the theory of social responsibility and the theory of the protection of the weak.The third part is the scope of security obligations of property service enterprises from the perspective of high-altitude parabola.This thesis studies the "reasonable limit range" of security obligations undertaken by property service enterprises under high-altitude parabolic,and puts forward that the "reasonable limit range" should comply with the principles of fairness,balance of interests and predictability;Discuss the identification standard of "reasonable limit range",prove the legitimacy of "good manager standard" in addition to legal standard,contract standard and agreed standard,and put forward other considerations for the identification of "reasonable limit range".The fourth part is the tort liability of property service enterprises for violating the safety guarantee obligation of high-altitude parabolic.This thesis probes into the tort liability of property service enterprises in violation of their safety and security obligations under the high-altitude parabola.The author believes that the imputation principle of tort liability of property service enterprises in violation of safety and security obligations should apply the principle of presumption of fault,and the property service enterprises should bear the burden of proof;It also analyzes the constituent elements,forms and exemptions of tort liability.The fifth part is the improvement of the safety guarantee obligation system of property service enterprises from the perspective of high-altitude parabola.In view of the problems existing in the application of relevant rules on the safety and security obligations of property service enterprises from the perspective of high-altitude parabola discussed above,this thesis summarizes and puts forward relevant improvement suggestions,including clarifying the corresponding right subjects of property service enterprises from the perspective of high-altitude parabola,clarifying the "reasonable limit scope" of safety and security obligations from the perspective of high-altitude parabola,and clarifying the imputation principle of high-altitude parabola tort liability of property service enterprises,And put forward suggestions on promoting property management liability insurance and setting up security fund system.