Research On The Rules Concerning The Registration Requirements Of The Realty Management Committee And Its Competence In Judicial Relief

Targeting the problems of the deficiency in the building of the house-owner committee and that of the offside of the governmental function, both of which commonly exist in the present house-management system, the article focuses on the analysis of nature of the registration behavior of the house-owner committee and the issue of whether such behavior can be sued and the entity qualification of the house-owner committee. Through the above-mentioned analysis, the article also discusses the problem of division of power between the house-owner committee and the administrative institution in the current legislation process. The article expects to improve the house-management system in China through consulting the house-owner self-management practice in the legislation of the United States on management of residential district. The idea of such improvement is that the total house-owner in one particular residential district should be regarded as an organization—house-owner organization which are bound together through the house-owner agreement on the basis of the current legislative framework on house-management in China. The house-owner organization has two branches, namely the house-owner convention and the house-owner committee. The house-owner convention is the decision-maker and the house-owner committee is the decision-executioner. The house-owner committee is neither an artificial person nor belonging to other organization which cannot be recognized as an artificial person. However, in order to facilitate the house-management, to simplify the procedure and to reduce the cost, the house-owner committee can enter into the lawsuit as a qualified entity.The article is divided into three chapters.By introduction practical cases the first chapter put forward two questions: first, how to divide the power between the house-owner committee and the administrative institution under the regulation of the current legislation? secondly, can the house-owner committee be sued?The second chapter deals with this question of how to determine the nature of registration behavior of the house-owner committee from the standpoint of the administrative institution. The third chapter discusses the entity qualification of the house-owner committee and gives advice on how to improve the house-owner self-management system in China by consulting the experience of residential house-owner self-management in the United states.