Solution Exploration To Problems On Suit Qualification Of Owners' Committee In China

With the development of the residential commercialization and the property management,the regulation of the property owners' committee,which is to participate in the property management and to safeguard the property owners' legal rights,has been popularized and promoted.Although lawsuit principal part status of owners committee wasn't ruled in property management regulation currently,the responsibility of it was ruled,which make owners' committee obtain right and obligation in corresponding.There will be a urgent problem whether owners' committee take part in lawsuit in the name of all owners or itself,when the owners committee carry out responsibility and lawsuit is needed.If we can solve this problem and put the correlation between owners,owner's party and property manager in order.It will play an important role in establishment, development,and improvement of the self-government system owners and be helpful for the progress and growth of modern property management system and the rapid development of the property management industry.This article will discuss this issue as follows:Chapterâ… starts from the origin of the background of the owners' committee,then discuss the origin,the development and the enrichment process of the system,at last analyse the legal status of owners' commission.According to the above,sum up my point of view.Chapterâ…¡set out from the macro-level.It discusses about the suit qualification of the owners' committee in the legislative and judicial practice.There are some relevant content in the draft of the property law,local laws and regulations,judicial interpretation and judicial decision in this chapter.Chapterâ…¢is devoted to the management model of the owners institutions of self-government from all over the world,then compare these management models.I believe that it is helpful to establish and perfect owners self-governing institutions. Chapterâ…£focuses on the main theory of litigation and legal basis that owners' commission is qualified to have the status to proceed.This chapter discussed from the theoretical foundation of the system,then expounded the legal basis of the suit status of the owners' committee,and finally pointed out that it should also be restricted in some areas after the owners' commission was qualified as the suit status.