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Is it responsible for the theft of property at home? Is the owner responsible for the stolen property?
According to Article 2 of the State Council's Property Management Regulations, "Property management refers to the activity that the owner selects a property management enterprise, and the owner and the property management enterprise repair, conserve and manage the house, supporting facilities and related sites in accordance with the property service contract, and maintain the environmental sanitation and order in the relevant areas." Article 47 stipulates that "the property management enterprise shall assist in the security work in the property management area", that is, the security service provided by the property management enterprise to the owner is mainly to maintain the order in the relevant area, assist in the security work, and does not guarantee safety. While providing services to the owners, the property management company has signed the owners' convention with the owners, so it is different to ignore the problem of responsibility sharing according to the convention. The convention clearly stipulates the rights and obligations of owners and the responsibilities of property management companies. That is to say, when the owners pursue the responsibility of the property company, they should first look at whether the owners' convention clearly stipulates that the property company has the obligation to protect the property safety of the owners. Some scholars have suggested that there should be a clear clause that "the owners should be held responsible if they are stolen". Secondly, if the property company is to bear the responsibility for theft, it also needs to see whether the property company is at fault. If the property company is responsible for ensuring property safety according to the owners' convention, and there is evidence that the service and management of the property company are not in place, resulting in property losses of the owners, the owners need to bear corresponding responsibilities within the scope of their fault. In addition, Zhongshan City and Urumqi City in Guangdong Province also have precedents in which related property companies bear part of the responsibility. Moreover, the second paragraph of Article 36 of the Regulations on Property Management in Guangdong Province stipulates that if a property management enterprise fails to fulfill the stipulations of the property service contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law. To sum up, while studying a problem, we should consider many social and factual issues. First of all, we should call on the state to strengthen legislation in this regard, respect the facts and clarify the distribution of responsibilities.
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