Owner Committee Legal Status Study

China's property management began in 1980, but China's shenzhen building differentiation ownership but appeared in the legal definition of the property law, 2007, from 1980 to 2007 period, China's housing system reform after the physical distribution, currency time and housing commercialization reform, housing management mode also under the planning economic system from the original model changes for the management of public housing commercialization reform, thus introducing a realty management enterprise of specialization and standardization of the commercial service management mode. China's property management legal system from the practice operation to extend to legal definition and norms. Property management into the east lake from 1980 guangzhou stipulated by law, while the saemaul formed in shenzhen, Beijing from 1994 to cities such as local legislation beginning a gradual transition to 2003, the state council issued "property management regulations (administrative regulations), in 2007, the country has issued a" matter right law ", the process of property management in many subjects and definition of only one laws, but as the main clearly main square - the definition of the owners' committee and the role it played has been is fuzzy and uncertain, Owner committee can represent all the owner and property company sign a contract, but he did not have the contract subject has the condition, he can enjoy the rights stipulated in the contract terms and cannot bear the obligation prescribed for its lawsuit, even all the main qualifications with the regulations and the actual operation twittering and disagreements are different, he can represent all the owner the right exercise contract party but truly when problems occur any owner can query its rights sources, if its beyond the legal exercise right there is no body truly function as a supervision and restraint its behavior role. His legal status in law existing in terms of actual operation, he cannot achieve in the provisions of the law of free but in practice of the errors in its orientation, this paper analyses and studies the owners' committee from concept of source, reality and its right to existing problems, and disputes the best solution, Through civil subject qualification of the owners' committee and civil litigation subject qualification for accurate positioning analysis of the owners' committee, through the legal status of legal interpretation, comparative method and historical interpretation methods, to the legal status of the owners' committee were discussed, which explore owner committee from the legal concept, practice positioning needs in improvement and solve the problem.Introduction mainly introduces paper writing background and purpose.The text is divided into three chapters.The first chapter analyzes our country to property management activities owner committee system existing problems. From the analysis of the owners' committee, historical origin and current situation of the development, points out the problems existing owners' committee system, focuses on the civil subject qualification of the owners' committee theory of civil litigation and controversial subject qualification of the trial code and all analyzes judicial explanation of the reality of the owners' committee, and points out that the owner committee legal status of existing problems.The second chapter is to analyses the source of the owners' committee rights. Firstly introduces the power of building differentiation ownership, analyzes in building differentiation ownership owners and the owners' congress, owner committee legal relation and status, compared the realty management activities in owners' committee and the realty service enterprise, community, the relationship between the comparative method simultaneously with the continental law system, investigated in Anglo-American law system and Japan to owner committee method of legal status at home and abroad, which explicitly prescribed in building differentiation ownership position of the owners' committee.In the third chapter is to explore the legal status of the owners' committee, from the legislative orientation analyzed in whether the owners' committee has civil subject qualification and civil litigation subject qualification, through to the owner committee development direction thinking analysis owner committee legal status.