Lecture Notes in Education Psychology and Public Media
- The Open Access Proceedings Series for Conferences
Lecture Notes in Education Psychology and Public Media
Vol. 50, 26 April 2024
Open
Access | Article
Analysis of Paths to Effectively Safeguarding Property Owners’ Rights in Property Service Disputes from a Defensive Perspective
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Abstract
This paper begins by analyzing the current status of property service disputes, examining the complex legal relationships, widespread and voluminous disputes, and intense group struggles, revealing the true state of property service disputes. The article then focuses on introducing the main types of damage to property owners’ rights in property service disputes to demonstrate the necessity of safeguarding property owners’ rights from a defensive perspective. Simultaneously, it presents the concept, types, qualifications for exercising the right of defense, and the statute of limitations, comprehensively analyzing the real challenges faced by property owners in property service disputes, including issues such as the lack of legal provisions, the absence of clear standards for defining property service quality, obstacles to property owners exercising the right of defense due to internal and external factors, and jurisdictional attributes causing inconsistent judgments in similar cases. Finally, the paper proposes measures to improve the system for property owners’ right of defense and the protection of legitimate rights and interests in property service disputes, including the rational allocation of burden of proof, enhancing legal provisions for standardized discretion, refining the evaluation mechanism for the property service industry, and leveraging the primary role of the property owners’ committee and the supervisory role of property owners.
Keywords
Property Service Disputes, Property Owners’ Rights, Right of Defense, Legal Responsibility, Safeguarding Paths
References
1. Zhongshan Municipal First People’s Court. (2023). White Paper on Trial of Property Disputes. Yangcheng Evening News.
2. Wang, X. (2012). On Property Service Contracts in China (Unpublished master’s thesis). Shanxi University.
3. People’s Republic of China. (2020). Civil Code of the People’s Republic of China. People’s Publishing House.
4. Qin, W. (2014). Analysis of Homeowners’ Right of Defense in Property Fee Disputes (Unpublished master’s thesis). China University of Political Science and Law.
5. Lü, H. (2015). Analysis of Homeowners’ Right of Defense in Property Service Contract Disputes (Unpublished master’s thesis). Hebei University.
6. Hu, X. (2023). Legal Issues in Homeowners’ Right of Defense in Property Service Contracts (Unpublished master’s thesis). Yangzhou University.
7. Supreme People’s Court. Interpretation and Application of the Supreme People’s Court on the Trial of Property Service Disputes (ISBN-9787503695544).
8. State Council of the People’s Republic of China. (No. 504). Property Management Regulations.
9. Zhong, L. (2015). Research on Homeowners’ Right of Defense in Property Service Contracts (Unpublished master’s thesis). Ningbo University.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the 2nd International Conference on Social Psychology and Humanity Studies
- ISBN (Print)
- 978-1-83558-397-5
- ISBN (Online)
- 978-1-83558-398-2
- Published Date
- 26 April 2024
- Series
- Lecture Notes in Education Psychology and Public Media
- ISSN (Print)
- 2753-7048
- ISSN (Online)
- 2753-7056
- DOI
- 10.54254/2753-7048/50/20240872
- Copyright
- 26 April 2024
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited