Study Of The Legal Status Of The Owners' Committee

In my thesis 《A Study on the legal status of proprietor committee》 ,I try to make a proper determination on the legal status of the proprietor committee, on whose basis I point out its improvement measures and developing direction.This article is composed of three sections.The first section is about the legal status of proprietor committee. I analysis the history, exercising portraits of proprietor committee and put forward the request by real estate management. Based on this, I think real estate management is actually the management that differs from real estate and includes the management to the proprietor and the management to the real estate; In the distribution structure of rights, proprietor committee is the right canter of proprietor autonomy; In the system of restraining rights, the emphasis is to restrain proprietor committee.Based on the above two, I first category the legal status of proprietor committee into the management to the proprietor and to the real estate. In the management to the real estate, proprietor committee is the manager; To the management of people, proprietor committee is the right center of autonomy and is the emphasis of being restrained. The legal status of proprietor committee to the proprietor can be divided into inner legal status and outsider legal status. To the inner, proprietor committee is the agent of all proprietors; To the outsider, proprietor committee is the client of management agreement in the relations of civil contracts and is the counterpart in the relations of administrative control.The second section illustrates the legal status of proprietor committee. I explain its nature in details.Firstly, I make a contrast between the 《Draft on Real Law》 and《Regulations on Real Management》 .There exists extraordinary.unanimityin responsibility between "management committee and manager "and"proprietor committee". Then I analysis the civil objection of the manager:in china, manager has the right to possess, use, income, and punish realestate. He has the right to possess the buildings at law or in fact for the authorization of the owner or other legal facts and has the obligation to maintain the buildings. The proprietor committee is a autonomy unity just like neighborhood committee or village committee and is the manager in relationship of management. Such status is expressed in three ways: firstly is to supervise the proprietor to implement the proprietor pact; secondly is to receive, use and manage the special mending fund and thirdly is to accept the supervision of all proprietors.Secondly, there exists disagreement on the legal relationship between the proprietor committee and all proprietors. There are two major opinions: civil loan relations and civil agency relations. Further analysis implies than civil agency has the portraits of the relations and proprietor committee is the agent of the proprietor. Such relations is expressed in three ways: firstly the proprietor committee can sign the contract of bailment with the corporations in his name under the authorization of all proprietor and the proprietor general meeting. Secondly the proprietor committee should report the exercising condition of real estate management to the proprietor general meeting and accept its supervision. Thirdly is to consider the interest of the proprietor fully and maintain their legal rights.Thirdly traditional opinion thinks proprietor management contract is contract of bailment. In fact, compared with the contract of bailment, real estate management contract differs from formal sense, procedure, and nature. Real estate management contract is a special in nominate contract, which is spicily labor service contract. It expresses the relation of real law. According to this, proprietor committee is the signer of the contract and is the client. Such status in contract is expressed in the following four ways: firstly is to sign real estate management contract and entrust the corporations to manage; secondly is to supervise real estate management corporations to exercise the contract; thirdly is to pay to the proprietor committee; fourthly is to collaborate real estate management corporations to take back management fee.Finally, there exists an administrative management relation between theproprietor committee and real estate administrative organ, the public security organization and neighborhood committee. Proprietor committee is the counterpart. Such relations is expressed in the following four ways: first is to put on record to the government at the district, county after being set up; second is to collaborated, assistant the public security organization and the neighborhood committee to maintain the social security work, the third is to accept the supervision of real estate administrative organ. The fourth is to gain administrative relief.The third section is about the perfection thinking. Theoretical analysis always serves the direction to the practice. After having a clear understanding of the legal status of proprietor committee, combining with the legislation, I first analysis the legislation leak: the abstract of the qualification of the proprietor committee as civil object; exercising procedure is unmoral. Then I explore the improvement thinking to the legislation of proprietor committee. One is to affirm the proprietor committee as the procedural client, and another is to specification the operation procedure of proprietor committee.