Request for Documentation: Explanations on Several Issues Concerning the Specific Application of Law

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Property Management Service Disputes. For more legal knowledge of the Supreme People's Court's interpretation of several issues concerning the specific application of law in the trial of property service dispute cases, this interpretation is formulated on the basis of the General Principles of the Civil Law of the People's Republic of China, the Property Law of the People's Republic of China, the Contract Law of the People's Republic of China, and other legal provisions, combined with civil trial practice, in order to correctly hear property service dispute cases and protect the lawful rights and interests of the parties in accordance with the law. The Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Dispute Cases is the second judicial interpretation promulgating by the Supreme People's Court involving the Property Law.

From the perspective of safeguarding the legitimate rights and interests of the majority of property owners, this judicial interpretation provides for issues such as the efficiency of property management service contracts, liability for breach of contract, settlement of property fee disputes, and termination of property management service contracts. This judicial interpretation embodies the intrinsic connection between the Property Law and the Contract Law, which is convenient for judges to understand and operate, and for the people to grasp the legal provisions and safeguard their own legitimate rights and interests.

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

Article 1 The pre-property service contract signed by the construction unit and the property management service enterprise in accordance with the law, as well as the property management service contract signed by the owners' committee and the property management service enterprise selected by the owners' general meeting in accordance with the law, shall be binding on the owners. Where the owner raises a defense on the ground that he is not a party to the contract, the people's court will not support it.

Article 2: In any of the following circumstances, if the owners' committee or the owner requests confirmation that the contract or the relevant clauses of the contract are invalid, the people's court shall support it: (1) The entrustment contract signed by the property management service enterprise entrusts all the property management service business in the property management service area to others; (2) Clauses in the property management service contract that exempt the property management service enterprise from liability, increase the responsibility of the owners' committee or the owner, and exclude the main rights of the owner's committee or the owner. The term "property management service contract" as used in the preceding paragraph includes a property management service contract in the early stage.

Hello, what questions do you need to consult. The latest judicial interpretation currently in force is the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Property Service Dispute Cases (2020 Amendment) Fa Shi 2020 No. 17.

Property service dispute cases are generally accepted in the basic courts, and the Supreme People's Court has issued relevant judicial interpretations to provide guidance for the trial of relevant property service dispute cases.

The Supreme People's Court's judicial interpretation on the trial of property service dispute cases is a judicial interpretation on the trial of property dispute cases.

Amended in accordance with the "Decision of the Supreme People's Court on Amending 27 Civil Judicial Interpretations, including the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Trade Union Law of the People's Republic of China in Civil Trial Work", adopted at the 1823rd meeting of the Adjudication Committee of the Supreme People's Court on December 23, 2020).

This Interpretation is drafted on the basis of the "Civil Code of the People's Republic of China" and other legal provisions, combined with civil trial practice, so as to correctly hear cases of property service disputes, and to protect the lawful rights and interests of the parties in accordance with law.

Article 1: Where property owners violate property management service contracts or laws, regulations, or management regulations by carrying out acts that obstruct the call or management of property management services, and the property management service providers request that the owners bear corresponding civil liability such as stopping the infringement, removing obstacles, or restoring the original state, the people's courts shall support it.

Article 2: Where property management service providers violate the provisions of property management service contracts or laws, regulations, or departmental rules by expanding the scope of fees, raising fee standards, or repeatedly charging fees without authorization, and the owners raise a defense on the grounds of illegal fees, the people's court shall support it.

Where the owner requests that the property management service provider refund the fees it has already collected for violating the rules, the people's court shall support it.

Article 3: After the rights and obligations of a property management service contract are terminated, if the owner requests that the property management service provider refund the property management fees that have been collected in advance but have not yet been provided for the period of property management services, the people's court shall support it.

Article 4 The people's and the courts may refer to the provisions on owners to deal with property service disputes caused by property management service contracts violated by property tenants, borrowers or other property users, as well as by laws, regulations or management regulations.

Article 5: This interpretation shall take effect on October 1, 2009.

Legal basis: Article 277 of the Civil Code of the People's Republic of China provides that owners may set up a general meeting of owners and elect an owners' committee. The specific conditions and procedures for the establishment of the owners' general meeting and the owners' committee shall be in accordance with the provisions of laws and regulations.

The relevant departments of the local people's ** and the residents' committees shall give guidance and assistance to the establishment of the owners' meeting and the election of the owners' committee.

Summary. I once had an experience of property service disputes, when the quality of property service in our community was very poor, such as the cleaning service was not in place, the maintenance service was slow, and sometimes even the basic repair report could not be handled in time, which made the residents of our community very dissatisfied. In response to this problem, I think the best solution is, firstly, the property company should strengthen the supervision of service quality to ensure that the service quality meets reasonable standards; Secondly, the property management company should establish an effective complaint handling mechanism to deal with residents' complaints in a timely manner; Finally, property companies should establish an effective dispute resolution mechanism in order to deal with disputes in a timely manner.

In addition, in order to better resolve property service disputes, property management companies should also strengthen communication with residents, understand the needs of residents in a timely manner, and provide better services.

I once had the experience of a property service dispute, when the quality of property service in our community was very poor, such as the cleaning service was not in place, the maintenance service was slow, and sometimes even the basic repair could not be dealt with in time, which made the residents of our community very dissatisfied. In response to this problem, I think the best solution is, firstly, the property company or Luliu should strengthen the supervision of service quality to ensure that the service quality meets reasonable standards; Secondly, the property management company should establish an effective complaint handling mechanism to deal with residents' complaints in a timely manner; Finally, the property management company should establish an effective dispute resolution mechanism so that disputes can be resolved in a timely manner. In addition, in order to better resolve property service disputes, property management companies should also strengthen communication with residents, understand the needs of residents in a timely manner, and provide better services.

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In response to your question, the Supreme People's Court's interpretation on several issues concerning the specific application of law in the trial of disputes over property management services has been repealed. In order to better resolve property service dispute cases, the Supreme People's Court issued the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Property Service Dispute Cases, so as to better resolve property service dispute cases. In addition, the Supreme People's Court also issued the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Property Service Dispute Cases (Amendments and Modifications) to better resolve property service dispute cases.

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