Research On Legal Subject Status Of Owners' Committee Of China

Owners'committee is the principal owners of the importance of autonomy, is one of distinction between building management a very important legislative body. Owners'committee on the status of legal subjects, namely, whether an independent legal entity, no independent qualified civil subject, can independently assume civil liability and other issues, in our current legislation does not clearly defined, theorists, divergent views, in judicial practice is not a practice around. In our current legal framework, owners'committee only as a representative and executive bodies exist, can not enjoy the status of an independent civil subject, in real life constraints of the owners'committee, barring the owners'committee development, not effective in distinguishing between play an important role in construction management, and thus can not effectively safeguard the common interests of owners. So, clearly the owners of the legal subject status of the committee for the distinction between the management of the building has a very important practical significance. This body consists of four parts, from the theory and practice of the commission on legal status of the owners of the establishment of the analysis and elaboration. The first part introduces the basic theory owners of autonomy, the legal basis and legal value of the owners of the meaning of autonomy and the establishment of the owners group, gave a brief analysis of the status of legal subjects for the owners of the establishment of the committee has laid a theoretical foundation. The second part from our legislative, judicial status and the legal theory of the owners of the dominant position of the establishment of the commission for analysis. The third section describes the related extra-territorial legislation, and domestic and international legislation were compared. Part IV describes the relationship between the owners committee and neighborhood committees, the dominant position of the committee for construction of the legal subject status of the owners made their own proposals:owners committee does not have legal personality, but civil law can be attributed to other organizations; owners of the committee have a limited range of action of the main qualifications; the legal owners of the committee should be established to enforce the principle; Finally, on the material and financial resources to provide protection to the owners of the committee.