Research On The Application Of Law In The Disputes Over Property Service Contract

With the vigorous development of our market economy,the real estate industry is on the rise in the process of urbanization.The housing system of residents has changed significantly.The original unified management mode of unit allocation and self-built housing has gradually faded out of people’s vision and ushered in a new era of commercial housing.At the same time,the public has a higher demand for housing quality and quality of life,so the property service industry emerges at the historic moment,and enters the stage of large-scale development at an "explosive" speed,and quickly integrates into the life of urban residents.But undeniably,as a new industry,its property management operation mode still needs to be strengthened,and there are many legislative gaps in the corresponding legal norms.On the other hand,as a comprehensive community service,property management is closely related to the life of residents,and the social relations it regulates are very complicated.Therefore,the number of property management disputes has been rising rapidly in recent years due to the combined action of multiple factors.In real life,the standoff between property service enterprises and owners and the confrontation in court are too numerous to enumerate,and even caused serious mass public security disputes.How to resolve the property service disputes quickly and effectively has become a hot livelihood issue concerned by the society.This article is divided into five parts.The first part briefly introduces the background of the topic selection of this paper,and takes the application of the law of property service contract disputes as the starting point,summarizes the purpose and significance of the research of this paper,and makes a brief literature review.By searching and consulting the cases of property disputes in China Judicial Documents network,this paper deeply analyzes the reasons of frequent property service contract disputes,and expounds the basic characteristics of property service contract disputes in an all-round way.The second part of the property service disputes through the discussion of precedents,from the theory and practice of two aspects of the owners’ committee,owners’ meeting,owners of the subject of litigation qualifications for a comprehensive study.Since the legislation takes an evasive attitude towards the civil subject status of the owners’ committee,and the judicial practice has different practices on whether to recognize the qualification of the owners’ committee,the feasibility of granting the civil subject qualification of the owners’ committee is put forward.The third part extracts the problems existing in disputes over owners’ exercise of the right of defense from several typical cases,summarizes the legitimate causes of owners’ exercise of the right of defense including defective performance,failure to fulfill the security obligations,illegal charges,etc.,and concludes that the invalidity of owners’ right of defense includes owners’ claim not to be the subject of contract signing,pre-property service contracts,housing quality problems,etc.And put forward suggestions to optimize the application of owners’ right of defense.The fourth part,based on cases,extracts the main disputes of property security obligation disputes,namely the nature and scope of property security obligation disputes,and divides property security obligation disputes into two types,namely,third party infringement and no third party infringement,according to the different causes and handling principles of the disputes involved.The former is usually the buildings or facilities owned by the property company to cause damage to people,the latter is usually the owner in the exclusive area of the third party illegal infringement,and how to improve the measures of property security obligations are discussed.The fifth part,with judicial cases as the starting point,carries on a detailed analysis of the subject of the dispute over the rescission of the property service contract,expounds the rescission right of the owners’ conference,owners’ committee,individual owners and property service enterprises,and proposes countermeasures and suggestions to standardize the rescission of the property service contract for the practical circle to better solve such disputes according to the relevant judgment views.