The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Disputes

This is a further improvement and clarification of China's legal system for handling property disputes.

The purpose of this interpretation is to standardize the trial of property disputes, protect the legitimate rights and interests of the parties and promote the healthy development of property management.

I. Background and significance of explanation

With the acceleration of urbanization, the property management industry has developed rapidly, and property disputes have also increased. In order to solve this problem, the Supreme People's Court issued this interpretation, which provided a clear legal basis for the settlement of property disputes. This explanation not only helps to standardize the behavior of property companies, protect the legitimate rights and interests of owners, but also helps to promote the standardization and legalization of property management.

Second, the main content of the explanation

This interpretation has made detailed provisions on the trial of property disputes, including the performance of property service contracts, the collection and use of property fees, and the maintenance of local properties. Among them, the obligations and responsibilities of property service enterprises are clarified, and property service enterprises are required to provide quality services in accordance with the contract and protect the legitimate rights and interests of owners. At the same time, it also stipulates the rights and obligations of owners, requiring owners to abide by relevant regulations and pay property fees on time.

Thirdly, the practical application of interpretation.

This interpretation has played an important role in the trial of property disputes. It makes the court have a clearer legal basis when trying property disputes, and can handle disputes more fairly and fairly. At the same time, the explanation also provides a clear code of conduct for property companies and owners, which helps to reduce property disputes.

Fourth, there is a lack of explanation and prospect.

Although this explanation has played a positive role in the trial of property disputes, there are still some shortcomings. For example, some new ways to deal with property disputes have not been clearly defined and need to be further improved. In the future, with the continuous development of the property management industry, the Supreme People's Court may continue to issue relevant judicial interpretations to better meet the actual needs.

To sum up:

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Disputes provides a clear legal basis for the settlement of property disputes, which helps to standardize the behavior of property companies, protect the legitimate rights and interests of owners and promote the healthy development of property management. However, there are still some shortcomings in this explanation, which needs to be further improved. In the future, we expect the Supreme People's Court to continue to issue relevant judicial interpretations to better meet the development needs of the property management industry.

Legal basis:

The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Disputes.

Article 1:

The people's court shall support the owners to violate the realty service contract or laws, regulations and management regulations and implement acts that hinder the realty service and management, and the realty service enterprise shall request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.

Article 2:

In any of the following circumstances, the people's court shall support the owners' committee or the owners' request to confirm that the contract or the relevant provisions of the contract are invalid:

(a) the entrustment contract that the realty service enterprise entrusts all the realty service business in the realty service area to others;

(2) clauses in the realty service contract that exempt the realty service enterprise from its responsibilities, increase the responsibilities of the owners' committee or owners, and exclude the main rights of the owners' committee or owners.

The realty service contract mentioned in the preceding paragraph includes the prophase realty service contract.

People's Republic of China (PRC) Civil Code

Article 285:

Entrusted by the owners, the realty service enterprise or other managers shall, in accordance with the provisions of the realty service contract in Part III of this Law, manage the buildings and their ancillary facilities within the building division, accept the supervision of the owners, and promptly answer the owners' inquiries about realty service.

Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work.