在我国物业管理实践中,物业公司应对业主在小区内停放的车辆被盗承担什么性质的民事赔偿责任一直颇有争议,在司法实践中对该类案件的审判也出现了不同的结果。本文认为界定业主与物业公司之间对停放的车辆是否构成保管合同关系是判断物业公司承担赔偿责任及赔偿范围的关键依据,而在双方对保管条款没有特别约定的情况下,认定业主是否向物业公司履行了交付行为是认定是否构成保管合同关系的关键。 In the practice of property management in our country, it has been quite controversial for the property company to deal with the civil liability of property owners who parked in the park for what kind of stolen property. There are also different results in the trial of such cases in judicial practice. This paper argues that it is the key basis for determining whether the property company should bear the liability for compensation and the scope of compensation if it defines whether the parked vehicle between the owner and the property company constitutes a contract of custody. In the absence of any special agreement between the two parties regarding the custody clause, The fulfillment of the delivery by the company is the key to determining whether it constitutes a custodial contractual relationship.