Analysis Of Legal Issues Of Property Service Contract Disputes

As the economy continues to develop,people’s demand for better property services continues to rise,but the reality is that the property services in the community do not meet the needs of the residents,property costs continue to increase without any substantial improvement in the property,conflicts and disputes between owners and property service providers are increasing day by day,and more and more cases are being litigated in the courts,taking up a large amount of judicial resources.The purpose of this paper is to explore the root causes of the problem in various aspects and propose improvements to the legal system and settlement mechanism in order to reduce disputes and judicial burden.The first part introduces a typical case that has gone through the second instance procedure,in addition to briefly introducing two other cases related to property service fees.The second part is about the thoughts arising from the cases,starting from the provisions of the Civil Code and relevant laws and regulations on property service contracts,and discussing the issues regarding why property services are compulsory,what type of contract the property service contract category belongs to,the subject of the contract The second part is a detailed discussion on why property services are compulsory,what type of contracts property services contracts belong to,the subject of the contract and the rights and obligations of the parties.The third part analyses the causes of disputes,from the subjective and objective reasons of both parties to the contract,the lack of service awareness of the property service provider,the lack of uniformity in the quality of property services and the standard of fees,and the existence of the problem of the inability to dismiss the property service provider also intensifies such conflicts.The fourth section proposes solutions to the problems raised in the above analysis: firstly,the system should be improved and the relevant laws and regulations should be perfected,and secondly,the ways of resolving conflicts after they occur should be studied,and the unreasonableness of the system and regulations in terms of dispute resolution and the subject of prosecution should be found.It is therefore proposed that a diversified dispute resolution mechanism be established and that mediation and arbitration be used to resolve disputes at the source.Last but not least,it is necessary for property service providers to improve their services,owners’ committees to play an important role,and owners and owners’ committees to strengthen their own legal awareness.This paper finds that the difficulty in collecting property service fees is a difficult point in property management work,and a large proportion of property management disputes are disputes over property service fees.The frequent occurrence of disputes reflects the problems that generally exist in China at the level of legal provisions,legal application process and social legal awareness.To solve these problems and reduce the occurrence of disputes,efforts must be made in various aspects such as legal construction and relevant institutional construction to enhance the overall legal awareness of society.This paper is of great practical significance and can provide some reference for the resolution of disputes arising from the collection of property fees in the process of property management.