On The Legal Status Of The Estate Owners' Group

In recent years, with the gradual deepening of our country's housing reform, Estate owners'group emerging in a large number in our social's life. Estate owners'group plays a direct impact on the Partitioned ownership of buildings. Property Law used a chapter to formulate the Partitioned ownership of buildings System. Property Management Regulation refined this system, but on Estate owners'group, Property Management Regulation adopted an evasive attitude. In 2009,The Supreme People's Court introduced two judicial interpretations, it is also adopted an evasive attitude on Estate owners'group legal status, it is greatly influenced the normal function of Estate owners'group. In order to exercise their powers effectively, also in order to better protect the legitimate rights and interests of all owners, I think that the owners should be clear for non-legal entity.The first part of the thesis mainly introduces the general theory of Estate owners'group. Firstly, the thesis analyzes the concept of Estate owners'group. Secondly, the thesis discusses the traits of Estate owners'group. Thirdly, the author analyzes the importance of establish a legal status of Estate owners'group, and define it as a separate subject in the legal activities of the Civil directly by the law to give a qualified, including in the substantive law on the legal status and in the procedural law on the legal status.The second part expound the Estate owners'group and studied the comparative law on legal status of Estate owners'group of various countries, to find reference for our country's Estate owners'group legal status.The third part introduces the current legislation and judicial practice of China on Estate owners'group, and Chinese scholars for theoretical analysis of the dispute on Estate owners'group, consider Estate owners'group as a new civil subject, and most fit for non-legal entity .The last part of the article concludes that author's recommendation to adopt the provisions in the form of a single law to regulate Estate owners'group,and put forward specific ideas strike a balance between the estate owners'conference and the estate owners'committee and all owners. This can ultimately improve the quality of residential living purposes, and achieve the purpose of management distinguishing buildings.