Research On Legal Issues Of Property Service Contract

In recent years,with the continuous development of residential commercialization,the requirements of the owners for their living environment and property services have continued to rise.However,the lack of legislation on property service contracts and the limited service level of property service providers lead to frequent disputes over property service contracts.For this reason,our country has formally incorporated the property service contract into the "Civil Code",and has carried out special and systematic regulations on the property service contract.However,after the implementation of the "Civil Code",the relevant legislation on property service contracts in my country is still vague and weak in operability.Therefore,it is an urgent problem to further improve the relevant legislation on property service contracts and balance the interests of contract parties.This paper uses normative analysis method,empirical analysis method and other research methods to conduct research from four aspects: the overview of property service contract,the problems in the legislation and judicature of property service contract,and the legislation and system improvement of property service contract outside the territory.The first part of this article is an overview of the property service contract.Starting from the definition of the property service contract,it expounds the characteristics,classification and main content of the property service contract.The second part of this article first analyzes the legislation and judicial status quo of our country’s property service contract,and points out the main problems of property service contract in legislation and judicial practice,including the lack of protection of the owner’s interests in the previous property service contract related systems,The disclosure obligation of property service companies lacks detailed regulations,and the calculation method of the limitation of action for property service fees is unclear,etc.,and further explains the necessity of improving the legislation of property service contracts.The third part of this article compares the relevant legislation status of relevant property service contracts in developed countries and regions outside the region with our country,and then puts forward suggestions for reference to relevant legislation in developed countries and regions outside the region,including clarifying the law on self-government organizations of property owners status,clarification of the construction unit’s transfer of control over the property community,and establishment of a punishment system for owners who maliciously exercise their defense rights.The fourth part of this paper puts forward corresponding solutions to the problems existing in the legislation and judicial practice of property service contracts pointed out in the second part of this paper,including strengthening the protection of the interests of owners in the previous property service contracts and clarifying the laws of self-government organizations of property owners status,clarify the rules for owners to exercise their right of defense,and improve the application of price reduction responsibilities,with a view to improving the legislation of our country’s property service contracts.