Study On The Legal Status Of Owners Committee

Since the development of market economic, the process of urban residential and residential construction has made substantial progress, more and more residents of housing owners by purchasing a building to achieve privatization. Total building becaming a residential building, with residents of enhanced awareness of legal rights protection, the owners committee as to maintain the interests of all owners organization came into being, and has been rapid development. However, due to deficiencies in China's legislative system, the property management market makes a lot of problems by the immaturity of young. For the reasons is the legislation does not give the owners Committee to clear legal status. The one hand, some courts do not recognize the industry committee to represent the status of all the owners proceedings, on the other hand the industry committee responsible for rights and obligations within the fuzzy. Therefore, this paper industry, the legal status of Authority carried out a detailed analysis and research, in reference to the legislative basis of foreign advanced analysis of development suited to industry of China's committee and ending the problem, a bold vision of the industry Committee qualifications and legal status of construction industry in China's national conditions do care of the legal status of the Committee, the Committee defined the industry's dominant position, rights and obligations, the committee members and owners of industry's relationship.This article is divided into six parts, the first part is the China Law Committee of the definition in the industry and the existing legal status of this dilemma. Analysis Committee obtained is no legal status of the industry precisely because property law and property management regulations of their location is not clear, only the explicit qualification of the owners and the Commission's civil action before they could solve practical problems The second part is to examine the situation and reference the foreign legislative. First of all, France, Germany, Japan, the United States and China's Hong Kong, Macao and Taiwan's industry committee of the status of legislation around the world come to four generally recognized legislative models. Do clear conclusions by analyzing all countries in the light of their own national situation, to develop the appropriate development of national industry, the legal status of the Committee. The next analysis of the legislative committee of national industry, who has the advantages in the system, analyzes the information for some of our legislation, and finally concluded that although the industry in the world under the Authority of Civil Principal still controversial, But the basic affirmed the Authority's participation in the proceedings industry qualifications.The third part is the analysis in the theory the committee's legal status and the reasons. Analysis of the Industry Committee are likely to be a body corporate, have the qualification or do not enjoy civil subject of illegal people eligible unincorporated business organizations and the general organization of the qualification proceedings. Each orientation has its own point of view, though they do not get recognition of the legal profession, one is a better characterization of the industry committee for legal status, do the better solving their problems. From the analysis of this process, the penman made some of views of theories. From the analysis of the unincorporated organization, Understanding the committee is belong to the unincorporated organization. The final conclusion is in possession of the committee to participate in the property management disputes of the cases can be as unincorporated organizations, the result of action by all owners share.The fourth part is analysis the committee's civil subject in the theories. At first is analysis the views of the civil subject to the right judge by the theory. Then thought the committee is the civil judge to comply with the qualification standards of an independent will and carrier of property, the independence of estate duty is not the necessary condition of civil right as long as an independent unincorporated organization the will and to the property will have to be a necessary condition of civil right.The fifth part is to improve the committee's legal status. At first from the economy of market,protect the owners and the third party,strengthen the management of the committee should be established the civil subject is necessary. According to the committee on legal community property and independence of the property, the long term of office space for the committee is the possibility. the qualifications of the committee on the ability of analysis to determine the legal qualifications.The sixth part is to discuss the committee's respond of duty. At first the analysis of responsible to the external. Then the internal committees and owners and members of the detailed analysis of the free service the committee members and the work of the committee members shall be responsible for the proposal to establish a supervision system, and promote the development of the committee, to the owner of the committee's responsibility. By the author of this argument, for our industry to further improve the committee system to provide some reference.