The car was scraped to the underground garage, and the responsible person could not be found. What if the property is not accompanied?

For the community owners, this kind of behavior belongs to a kind of infringement, that is, the car scraper constitutes an infringement on the owner's vehicle ownership and infringes on his property ownership. According to the Tort Liability Law, the infringer shall be liable for damages. At the same time, if this kind of behavior is intentional, according to the provisions of China's Criminal Law, if this kind of infringement causes property losses to all people and reaches a large amount, it is also suspected of a criminal offence, which constitutes the crime of intentionally destroying property. According to the Tort Liability Law, the imputation principle of tort is the fault principle, that is, only when there is a fault will civil liability be borne, and the civil liability is "whoever infringes will compensate". Therefore, in civil, the infringer should bear the tort liability for the property damage of the owner. As for the residential property, in the Tort Liability Law, there is no infringement, and there is no need to bear tort liability for the owner's vehicle loss caused by others' infringement. Under normal circumstances, when the property of the owner is damaged by the residential property company, the infringer will directly compensate, and the property company is not required to compensate. However, in the absence of a direct infringer, does the property company need to bear certain liability for compensation, and what is the basis for taking responsibility? Obviously, the relationship between the property company and the owner is a property service contract. If the property company needs to be responsible for the property losses caused by others to the owners, it is also the liability for breach of contract. That is, the property company failed to perform the property service contract signed by the community owner and the property company according to law, causing the owner to bear certain liability for property losses. As for the determination of this responsibility, that is, whether the property service enterprise breaches the contract, we must first look at the stipulations of the property service contract between the two parties, such as whether the property service company should install surveillance cameras, whether public places should be monitored, whether regular patrol inspections should be conducted, whether adequate lighting and daylighting should be provided, whether a certain counting and registration system should be carried out for foreign strangers to visit, and whether visitor information should be verified. The realty service enterprise has fulfilled its realty management obligations in strict accordance with the stipulations of the realty service contract, but it still cannot avoid causing property damage to the owner. The realty service enterprise does not need to bear the responsibility for the owner's damage, and the owner directly claims compensation from the infringer or bears the responsibility by himself. Of course, for some unfair format clauses drawn up by some residential property companies in property service contracts, it is invalid to increase the obligations of residential owners and exempt them from their own responsibilities according to the provisions of the Contract Law. If the owner of a residential property company fails to fulfill certain reasonable duty of care, causing others to infringe on his property, the owner can still claim compensation from the property company for the property losses caused by his failure to fulfill fair and reasonable duty of care.