Study On The Legal Status Of The Owners' Committee

With the deepening of the urban housing system reform, the estate management rises gradually with the development of the real estate industry. The state council promulgated the Rules of Estate Management on June. 8th, 2006, indicating the developing of the estate management in China and putting the rights of people's housing consumptions into a legal orbit. As an important estate management organization, the legal status of the House-owner committee involves the ownership of its behavioral consequences and the commitment of legal liability directly. The legal status of House-owner committee will be analyzed and elaborated in three parts in this thesis.At first, the essential features of modern estate management will be elaborated, explaining the legal foundation and realistic necessity of the House-owner committee.Then, this thesis puts forward the defects of the design of owner committee system and the exiting legal problems by assessing the current situations of House-owner committee.Finally, some suggestions on constructing complete legal status of House-owner committee are advanced against the defects mentioned above : in construction of the civil subject/body status, the civil subject status of the House-owner committee should be clearly defined as the status of " other organizations "; in the status of the civil suits subject, the House-owner committee should be endowed with the independent rights of the civil suits body but at the same time restricting their lawsuit rights; in the organization of the House-owner committee, the establishing procedures are set up and its internal organizations are improved as well as its duties defined.