The Legal Nature Of The Proprietor Committee

During the past 20 years when the Property Management come into being in China and expanded from coastal area to inland, we have made much progress and gained lots of experience as well as unexpected difficulties, particularly the legal nature of proprietor committee, which is the key point of both theoretical study and practice. However, this problem hadn't been solved by either"Property Management Rules"issued in 2003 or current"Property Law (Draft)", in which the legal nature of proprietor committee isn't identified in accordance with the Condominium System. As soon as the legal nature of proprietor committee cannot be ascertained both theoretically and practically, the lack of definition in"Property Law (Draft)"is bad for the development of proprietor's autonomy.To promote the development of proprietor's autonomy, through identifying the related definition about proprietor committee, we would find out the problems in ascertaining the legal nature of proprietor committee from its history and current status. By investigating the laws concerning the legal nature of condominiumor's governing body or proprietor committee abroad, and researching the constitution of governing body as well as its status, we find the lack of condominiumor's governing body in the Property Management regulations, which is the Superordinate concept of proprietor meeting and proprietor committee. The scholars always argue for the legal nature of proprietor committee without the definition of condominiumor's governing body, so that they cannot ascertain it accurately.In this case, according to the relevant regulations abroad and the present situation in China, in my opinion, proprietor committee, without Civil Subject capacity, is not either a corporation or some other organization, but an excutive board of condominiumor's governing body who has the Civil Subject capacity. In the end, raising some advice to improve our legislation about the legal nature of proprietor committee.