Things in the villa owner's yard are always stolen. How to manage the property?

When the security guards are paid, the property management company should be responsible for the personal and property safety of the residents in the community, which is the idea of many owners. It is true that after the theft, owners and property companies often hold their own words and it is difficult to solve the problem properly.

Some owners believe that since the property management fee has been paid, the property management company should fully compensate the owners for their losses. In my opinion, the property service behavior of a property company is an act of fulfilling a contract, and the liability for breach of contract should also be investigated according to the contract. According to the provisions of the Contract Law, if the failure to perform or conform to the contractual obligations causes losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract. According to Article 2 of the Property Management Regulations: "Property management refers to the maintenance, conservation and management of houses, supporting facilities and related sites by property management enterprises according to the property management contract, so as to maintain the environmental sanitation and order in the relevant areas." At the same time, Article 37 of the Regulations also stipulates: "Property companies should assist in the safety protection of property management areas." It can be seen that in the case of no special agreement in the property management contract, the property company only assists in the safety protection work, and has no responsibility for the custody and custody of the property in the owner's home. Even if the property in the owner's house is stolen, the thief can only bear the liability for compensation. According to Article 36 of the Regulations on Property Management: "Property management enterprises shall provide corresponding services in accordance with service contracts. If the property management enterprise fails to fulfill the stipulations of the property management contract, causing personal and property safety damage to the owner, it shall bear corresponding legal responsibilities according to law.

"Who advocates who gives evidence" is the general principle of civil litigation. In addition, the rules of evidence in civil procedure also stipulate several cases in which the burden of proof is inverted, while property disputes are not in the case of inversion of the burden of proof. Whether the inversion of burden of proof is applicable to property disputes is a controversial issue. One view is that the inversion of burden of proof is a special form of burden of proof, which should be applied under clearly defined conditions, otherwise only general principles can be applied. Another view is that the owner's ability to provide evidence in such disputes is limited, and the inversion of burden of proof should be applied.

In my opinion, how to apply it should be analyzed in detail. When the owner claims that the positive behavior of the property company constitutes a breach of contract, the owner shall bear the burden of proof; When the owner claims that the negative behavior of the property company constitutes a breach of contract, it is difficult for the owner to prove that the property company has not fully fulfilled the contract. At this time, the burden of proof should be reversed, and the property company should prove that it has fully fulfilled its obligations. Property companies shall perform their property duties in accordance with the relevant laws and regulations and the owners' management regulations. If there is any work omission, it should be improved in time to avoid taking corresponding fault responsibility due to management omission. In addition, when buying a house, the owner must also pay attention to the property level of the purchased housing community.

Hope to adopt, thank you.