Research On Status Of The Proceeding Of The Owners Committee

The status of the proceeding of the Owners Committee is an important issue explored in the theory and judicial practice. On the basis of sorting out the current researching and learning from the experience advanced legislation aboard, this paper puts forward a more comprehensive framework of legislation proposals. This paper is divided into six parts.The first section brings out the subject studied through a real case selected that Owners Committee's status of the proceeding.The second section gives out a comprehensive introduction of the existing laws and regulations on the Owners Committee, including the Owners Committee's concept, characteristics, status and nature. This paper holds that the Owners Committee should be the "other organizations", so as to lay the foundation for the further analysis of its status of the proceeding.The third section introduces the different theoretical viewpoints about the Owners Committee's status of the proceeding, and especially demonstrates the theoretical basis of the Owners Committee conducting litigation on behalf of the Owners through the legitimate Party Litigation. Currently, there are three different theoretical viewpoints about Owners Committee's status of the proceeding: being status of the proceeding, non-being status of the proceeding, limited being status of the proceeding. In essence, it is because the Owners Committee has the right to manage the owner's interests, the Owners Committee could conduct litigation on behalf of the Owners.The fourth section gives a comprehensive introduction of the Owners Committee's legislative model in China's Taiwan and Hong Kong and abroad, in order to provide a legislative reference.The fifth section is a more comprehensive introduction to the relevant laws and regulations on the Owners Committee, which has always been ambiguous, as well as the judicial practice. The Owners Committee's status of the proceeding is accepted often in judicial practices.The sixth section, as the focus of the article, illustrates the significance of Owners Committee's status of the proceeding. Then, a number of legislative proposals have been presented for the legislation of Owner Committee's status of the proceeding. Innovation of this paper is therefore to propose a comprehensive legislative proposal, including the clear and deterministic legislation, the starting, economic security, monitoring and accountability mechanisms.