论物业服务合同中服务瑕疵的业主救济
On Owner’s Remedies for Service Defects in Property Service Contracts

尽管《民法典》合同编中有关“物业服务合同”的法条与《物业管理条例》对物业服务合同有关的法律问题进行了规范，但未详细涵盖具体问题，特别是涉及物业服务瑕疵认定的难题。为填补法律空白，需要提高合同约定标准和行业水准的重要性，以减少主观性。在业主寻求救济途径时需要将瑕疵程度划分为严重和轻微，对应业主的抗辩权和物业服务人的减价责任。抗辩权的主体资格宜作扩大解释，但单个业主与业主委员会提出的正当抗辩事由应该做出区分，这一方法有助于平衡业主与物业服务人之间的关系。
Although the legal issues related to property service contracts are regulated by the Law on Property Service Contracts in the Contracts Part of the “Civil Code” and the “Regulations on Property Management”, they do not cover specific issues in detail, especially those related to the identification of defects in property services. In order to fill the legal gap, the importance of contractual standards and industry standards needs to be raised to reduce subjectivity. The degree of defects needs to be classified as serious and minor when owners seek remedies, corresponding to the owner’s right of defense and the property service provider’s responsibility to reduce the price. It is appropriate to expand the subjective qualification of the right of defense, but a distinction should be made between the justifiable cause of defense raised by a single owner and the owner’s committee, and this approach will help to balance the relationship between the owner and the property service provider.