＂Small＂ Property ＂Big＂ People’s Livelihood ＂Resolving property disputes and lighting up thousands of lights＂

The General Secretary of the Supreme Leader emphasized that "the rule of law construction should not only grasp the end, cure the disease, but also grasp the front end and cure the disease. We must adhere to and develop the’ Fengqiao Experience’ in the new era and put the non-litigation dispute resolution mechanism ahead. "

"Judge, my house has been empty. Why should I pay the property fee? “

"My car was cut in the community, and the monitoring did not find it. After giving feedback to the property company, the property company said that it was none of their business."

"My house is leaking, and it has not been solved by the property company, so I will not pay the property fee."

"The attitude of the property staff is too bad, fierce and unpleasant!"

In recent years, disputes over property service contracts are increasing day by day, with the characteristics of small amount of litigation and concentrated disputes. The quality of property service is related to the happiness index of thousands of households, and "small" property affects "big" people’s livelihood. How to solve the problem of property conflicts and disputes? In view of the characteristics of disputes over property service contracts, Enshi City Court has taken various measures to actively explore new ideas for the management of disputes over property service contracts, so that more contradictions and disputes can be resolved at the grassroots level and eliminated in the bud.

The move forward of the gateway allowed the dispute to stop without litigation.

Property disputes involve a wide range, and once they are not handled well, it will easily lead to group conflicts. In judicial practice, Enshi People’s Court found that many contradictions between property companies and owners are caused by poor communication.

In order to promote the governance of the source of property disputes, improve the pattern of multi-resolution governance, and effectively solve the contradiction between the owners and the property companies, the filing court of the municipal court has given full play to the leading, promoting and guaranteeing role of the judiciary in the multi-resolution of contradictions and disputes, organized face-to-face "dialogues", actively built a bridge of communication between the owners and the property companies, and built a multi-level and professional dispute resolution platform. Listen to the owner’s voice in an all-round way, face up to the management service problems, guide the community, property companies, owners and industry committees to communicate frankly and interact positively, promote the residential property disputes to stop before they occur and disappear in the bud, and resolve the increase in litigation cases from the source.

The filing court organized a symposium on the source management of property disputes, and representatives of 23 residential property companies were invited to participate in the symposium.

"Pre-litigation mediation+quick trial" integrates mediation and trial to improve efficiency

"Rights and obligations are always complementary to each other. When you enjoy the services provided by the property management company in accordance with the agreement and relevant regulations, you should also pay the corresponding property fees to the property management company in accordance with the agreement, and you must not refuse to pay on the grounds that you have not accepted or do not need to accept the relevant property services!" In the mediation process of a property company and Liu’s property dispute case, the tense relationship between the two sides was eased through the careful interpretation of the law by the presiding judge. In the end, Liu paid the property fee in court, and the plaintiff withdrew the lawsuit, and the dispute was successfully resolved.

In the process of mediating property disputes, the team of quick adjudication of the filing court pays attention to the integration of emotion, reason and law, and strives to reduce confrontation and ease contradictions, so as to reduce contradictions and disputes from large to small and from small to nothing. Since 2023, 771 cases of property disputes have been accepted, 148 cases have been mediated, and 336 cases have been withdrawn, with a withdrawal rate of 62.8%.

Cases in which the parties do not agree to mediation or mediation is unsuccessful shall be transferred to litigation procedures according to law. Combined with the characteristics of simple legal relationship, clear relationship between rights and obligations, and small amount of the subject matter, the quick trial team implements quick trial and quick settlement of simple cases, improves the trial speed of cases, and promotes the small claims procedure to be "appropriate". In view of the property service contract disputes, which have the characteristics of small amount of litigation, little controversy and clear relationship between creditor’s rights and debts, the payment order shall be applied according to law, and the strong role of small claims procedure as a "specific medicine" shall be played. Since 2023, the speedy trial team has settled 451 cases of property disputes through small litigation procedures, and the shortest handling time is only half an hour, helping property companies recover economic losses of nearly 3 million yuan.

On-site popularization of law by case interpretation

"According to the provisions of the Civil Code, property service providers are not allowed to stop power supply, water supply, heating, gas supply and other ways to urge the payment of property fees. Owners cannot unreasonably refuse to pay property management fees after enjoying property services. " In the process of mediating property dispute cases, the judge in charge not only answers questions for the owners, clarifies the possible adverse consequences caused by default of property fees, but also explains the legal issues involved in property disputes in the Civil Code, makes a good job of explaining the law and guiding the owners to pay property fees on the spot.

At the same time, in view of the fact that some property companies have inadequate management services in the management of property services, the quick-cutting team of the filing court compiled and edited a letter to property service companies, made suggestions on property services of property companies, and gave targeted guidance on preventing and resolving property disputes from the source.

"This is a letter to property service enterprises in our hospital. I hope that your company can manage the situation that management services are not in place in property service management and improve the service level." The judge in charge handed a document to the plaintiff’s property company, "The property and the owner have a long-term cooperative relationship. I hope you can build a civilized, harmonious, honest and friendly property service relationship."

A Letter to Property Service Enterprises

In the future, Enshi City Court will continue to serve and protect people’s livelihood, further extend its judicial functions, continue to promote the governance of the source of property disputes, build a "heart-to-heart bridge" for property companies and owners, continuously enrich the substantive connotation of the diversified resolution mechanism of property disputes through practice, promote the construction of a social governance pattern of co-construction, co-governance and sharing, and create a harmonious living environment.

Original title: "Small" Property, "Big" People’s Livelihood, Resolving Property Disputes and Lighting Up Thousands of Lights "

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