What responsibility should the stolen property in the community bear?

According to Article 107 of People's Republic of China (PRC) Contract Law: "If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses."

Article 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes: "If a property service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as agreed in the property service contract or determined by laws, regulations and relevant industry norms, the people's court shall support it if the owner requests the property service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The service commitments and service rules made by the realty service enterprise shall be recognized as an integral part of the realty service contract. "

Article 36 of the Regulations on Property Management: "Property service enterprises shall provide corresponding services in accordance with the provisions of the property service contract. If the realty service enterprise fails to fulfill the stipulations of the realty service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. "

Article 47: "The realty service enterprise shall assist in the safety precautions within the realty management area. In the event of a safety accident, the property service enterprise shall report to the relevant administrative departments in a timely manner while taking emergency measures to assist in the rescue work. "

Responsibility of the property when the community is stolen:

First, the owner is stolen and the property company is liable for compensation. If the owner is stolen, he should first judge according to the contents agreed in the property service contract. If the property service contract stipulates the property custody service, the property company shall be liable for compensation if the owner's house is stolen. If the property service contract does not stipulate the property custody service, it is necessary to decide whether to bear the liability for compensation according to the performance of the property company's security obligations. At this time, the rules and principles of fault liability should be applied to judge whether the property company should be liable for compensation. If the property company fails to fulfill its security obligations, it shall be liable for compensation. If the property company fails to fulfill its security obligations within the scope of its duties, and there is a causal relationship between its dereliction of duty and the damage result, the property company shall bear the corresponding liability for compensation according to the degree of fault.

According to the second paragraph of Article 5 of "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", "In case of any dispute arising from the performance of the contract, the party who has the obligation to perform shall bear the burden of proof", that is, the property management company shall bear the responsibility. When the evidence provided by the property company is not enough to prove that it has fulfilled its security obligations, it should be presumed that it is at fault, which constitutes a violation of security obligations.

Second, the determination of the responsibility scope of the property company when the owner is stolen. Although the property company is responsible for the theft of the owners, it does not mean that as long as there is a fault, the property company must take full responsibility for the theft in the community. The owner who is directly responsible for theft is a thief, and the property company only needs to bear the responsibility within the scope of its dereliction of duty. To determine the responsibility scope of the property company, it is necessary to consider the degree of theft caused by the fault of the property company and determine the compensation ratio. Specifically, under the premise of defining the scope of the property company's security obligations, it is necessary to investigate what aspects of the property company have failed to fulfill its security obligations, as a standard to judge the degree of fault of the property company. On the other hand, the owner should bear the burden of proof for the stolen facts and the actual loss amount. After determining the actual loss of the owner, the property management company shall be liable for compensation according to the loss amount of the owner and its own compensation ratio.

Third, the rules for handling similar cases. This kind of case has the following two rules: first, whether the property company needs to bear the liability for compensation; The second is the proportion of compensation liability of property companies. First of all, to judge whether the property company should be liable for compensation, it should be based on whether the safety measures of the property company comply with the legal provisions and the standards agreed in the contract; Whether the property company can prove that it has fulfilled its security obligations within the scope of responsibility; Whether the property company is at fault in fulfilling its security obligations and whether there is a causal relationship with the owner's theft. Secondly, to determine the compensation ratio of the property company, we should pay attention to the fault degree of the property company and whether the owner himself is at fault for theft, so as to determine the compensation ratio of the property company; The loss suffered by the owner due to theft requires the owner's proof; Determine the compensation amount of the property company according to the compensation ratio and the owner's loss amount.

The responsibility of the stolen property in the community.