Where does the security obligation of property service enterprises come from?

Security obligation is a new legal concept in recent years. Article 37 of the Tort Liability Law stipulates the obligation of security, that is, managers of public places such as hotels, shopping malls, banks, stations, entertainment places or organizers of mass activities fail to fulfill their security obligations and cause damage to others, and shall bear tort liability. If the behavior of a third party causes damage to others, the third party shall bear the tort liability. If the manager or organizer fails to fulfill the obligation of safety guarantee, it shall bear corresponding supplementary responsibilities.

Property service enterprises, as managers engaged in business activities or public places, should also undertake one of the subjects of security obligations. Under normal circumstances, the content of the property contract signed by the property service enterprise and the owner will include the obligation of security. For example, if the property contract has higher requirements for the security obligations of the property service enterprise, it shall be stipulated in the contract; If the property contract does not stipulate or specify the security obligations of the property service enterprise, it shall be determined according to the legal security obligations that the property service enterprise shall bear.

In judicial practice, the disputes involved in the violation of security obligations by property service enterprises are also different due to different reasons, objects and geographical scope, which are discussed briefly below.

Undertake the obligation of safety guarantee when the owner's car is stolen in the property community.

At present, in judicial practice, it is generally believed that the fees charged by property communities for parking lots are parking fees, that is, they enjoy the right to use the area in a certain area. Unless the property service contract contains the contents of vehicle custody service or the parties sign a vehicle custody service contract separately, it should not be considered as a custody contract. Because this kind of problem belongs to the third party's infringement, if the property company is at fault, it should bear the supplementary responsibility in the security obligation, and determine the scope of compensation liability according to its fault degree, cost and other factors. According to the principle of balance between income and risk, more people charge high parking fees and compensate accordingly. If the owner is at fault for the loss or damage of the vehicle, the liability for compensation of the realty service enterprise shall be reduced or exempted according to the degree of fault.

When the public part of the property community is infringed by a third party, it shall bear the obligation of security.

This mainly refers to the illegal infringement of the owner or non-owner user's personal or property by the infringer in public places such as residential green space, roads and elevators. Generally speaking, the public security management obligations of property communities mainly include: 1, and the guard duty system is implemented. 2, the implementation of public security patrol system. 3, stop the behavior of not complying with the rules and regulations such as the owners' convention. 4. Check the vehicles entering and leaving the community and maintain the parking order of vehicles in the community. 5, to prevent and stop other acts that hinder the public order in the community.

According to Article 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases (hereinafter referred to as the Interpretation), people engaged in the above-mentioned social activities shall bear the obligation to protect the personal safety of the relevant public in the river course, and shall be liable for compensation for the damage caused by their failure to fulfill the obligation of safety protection. The damage of the victim is caused by the tort of a third party. If the security obligor is at fault, he shall bear the supplementary liability for compensation and may exercise the right of recourse against the third party who committed the tort. Compared with the national mission and responsibility of preventing and cracking down on crime undertaken by public security organs, the responsibility of property companies is more preventive, autonomous and auxiliary. Therefore, the realty service enterprise only bears the supplementary compensation liability that is suitable for its fault. That is, the infringer shall bear the liability for compensation first, and when the infringer cannot be found or the infringer is unable to bear the liability for compensation, the property company shall bear the supplementary liability for compensation. After assuming the supplementary liability for compensation, he has the right to recover from the infringer.

The undertaking of the security obligation when the property or management of the property service enterprise causes damage to the owner or the third party.

Things owned or managed by property management companies can be roughly divided into buildings and facilities. For buildings, the legal provisions of Article 6 of the Interpretation and the General Principles of the Civil Law on the damage caused by buildings shall apply. The victim only needs to prove that the goods are owned or managed by the property management company, and the property management company should prove that it is not at fault. For the damage of facilities, the victim needs to prove that the property company is at fault in addition to the above problems. But in reality, under normal circumstances, it is only necessary to prove that there are improper facilities or items, which can prove that the property company is at fault. For example, in the case of falling objects on the roof, the court may decide that the property management company has failed to fulfill its corresponding security obligations and management responsibilities on the grounds that the property management company should bear the responsibility of the manager to protect the safety of others for the abandoned and shelved objects at high altitude, and bear the corresponding liability for compensation according to law. The obligation of security includes not only that the realty service enterprise should actively eliminate the dangerous factors of the goods owned or managed by it, but also that the realty service enterprise should appropriately adopt lighting and safety warning lights to ensure the safety of the owners and visitors within the control range.

When the exclusive part of the property community is infringed by a third party, it shall undertake the obligation of security.

Article 47 of the Property Management Regulations stipulates that "property management enterprises shall assist in the safety work within the property area. When a safety accident occurs, the property management enterprise shall, while taking emergency measures to assist the rescue work, report to the relevant administrative departments in a timely manner. It can be seen that property service enterprises mainly undertake the obligation of reporting and assistance. The security business of property management enterprises focuses on the performance process, and property service enterprises fulfill their security obligations to avoid and prevent illegal infringement or robbery of owners. Whether you should bear the responsibility mainly depends on whether you have fulfilled the agreed obligations in the contract and whether you have made accusations of safety precautions.

To judge whether the security obligations are fulfilled, we can judge from the following aspects: 1, whether there are enough security personnel, whether the security personnel correctly perform the security obligations, and whether the security management system is strictly implemented; 2. Whether there are qualified safety facilities and equipment, whether the safety facilities and equipment are in normal use and whether they are maintained; 3. Whether there is a perfect safety system, whether the safety system is implemented, whether the safety measures are supervised and whether there are targeted measures. The specific content of safety service should also be stipulated in the property service contract, and the safety obligation is determined by the service contract. The security service of the property company should reach the standard agreed in the contract. There is no agreement, in accordance with industry standards. The security personnel in the community only play the role of safety precautions, and it is impossible to appear in every corner of the community at all times. Therefore, property management companies should not be responsible for some unforeseen damages. Moreover, it is really impossible for the security personnel of property management enterprises to protect the personal and family property safety of every owner at all times. Generally speaking, as long as the property management enterprise has fulfilled the above-mentioned contract contents in accordance with the contract agreed by both parties, and fulfilled the safety guarantee obligations of reasonable and kind managers to the relevant communities, it should be deemed that the property management enterprise has fulfilled the appropriate safety guarantee obligations. If there is no evidence that the theft is caused by the poor management and service of the property company, then the property company will not breach the contract and will not assume responsibility. On the other hand, the property company fails to fulfill the security obligations stipulated in the contract or the law, which constitutes a breach of contract and should bear the responsibility.