Research On The Litigation Status Of The Owner Committee

In recent years our country emerged massive cases of vindicating rights by owners in residential district. And in the related cases of the common management service, the Owner Committee appeared frequently as a party in the lawsuits. But because it has not given on the Owner Committee's litigation nature to stipulate explicitly in related laws and regulations, so that in the judicial practice, each Local court also has different understanding of the Owner Committee's litigation nature.The Owner Committee v. Lanzhou Xinglong Estate Management Ltd. is a typical case concerned the Owner Committee's litigation nature which ruled by the Lanzhou Intermediate People's Court in 2007. The case's core question is how to estimate the Owner Committee's legal status. The Lanzhou Intermediate People's Court thought that in the estate management, files the charge stemming from the public administration matter, the lawsuit main body should be all owner. Therefore, the Lanzhou Intermediate People's Court rejected the owner committee's appeal. But the practice field and the theory field still have bifurcation on the Owner Committee's litigation status at present.The Lanzhou Yijingyuan case will be an angle of view of the article. The article is going to analyze the present practical and theoretical differences about the Owner Committee's litigation status, afterward discusses the reason why would the practical and the theoretical have divergent about the Owner Committee's litigation nature, then point out the writer's view. Finally, the author will propose the way to consummate the Owner Committee's litigation nature. The writer hope the article can benefit the research on the Owner Committee's litigation nature, contribute the accord development community.