Thesis About Qualification Of Suing Subject Of The Property Owners Committee In China

With the development of the residential commercialization and the property management, the regulation of the Property Owners Committee's participating in property management as the organization to safeguard the property owners'legal rights has been popularized and promoted. With the increasing disputes among property owners, real estate developers and property management enterprises, the suing cases in which the Property Owners Committee is involved representing the overall property owners have been increasing. The problems concerning whether the Property Owners Committee has the qualification as the suing party (whether it can sue and litigate in the name of itself); whether the qualification of the Property Owners Committee, as the suing subject, should be limited (whether the Property Owners Committee can hold both the positions of plaintiff and defendant); and whether the Property Owners Committee's suing should be limited within the dissension scope of property management. All above issues have aroused high attention in the theory field and the judicial practice field. There are still controversies about these problems in the theory field and practice.This thesis gives the readers a comprehensive understanding of the current situations of this problem both in the theory and the practice through the introduction of all kinds of theories and ideas about whether the Committee has the qualification as the suing party, whether this qualification should be limited, the different regulations about the suing qualifications by the local legislations, and different ways to hear cases in which the Property Owners Committee is involved by local courts in the judicial practice. Based on the knowledge of the current situations of the Property Owners Committee's qualification as the suing party in theory and practice, the author analyzes the issues (the Property Owners Committee has more advantages than the Property Owners Conference through analyzing the qualification of the Committee as the suing party; the practical rationality of endowing the qualification of the Committee as the suing party; the theoretically defined party theory ("Rights Protection Theory") and the direct outcome of the theory ("the theory of the third party standing to sue") can be regarded as the theoretically support for endowing the qualification of the Property Owners Committee as the suing party; and borrow the legislation experiences of non-corporation management committee and the manager s who have the party capacities in other countries and regions etc. to comprehensively narrate the necessity to endow the Property Owners Committee with qualification as the suing party through the unified legislation. Meanwhile, based on the current Property Owners Committee's legal nature, the current situation of establishing the conditions and the restrictive regulations of"The Regulations of Property Management", the author thinks that the current qualification of the Property Owners Committee (as the suing subject) should be limited, and believes that with the continually improvement of the Property Owners Committee's regulations, the limitation should be gradually released. The major features of this thesis are: to elaborately introducing the current situations of local legislations in China and nationwide judicial practice for the readers to fully understand the current Property Owner Committee's suing system and to better guide the practical suing activities of the current Property Owners Committee.