Property Litigant Research

Property services industry is an emerging one which rises in China's reform,opening up and booming real estate market.The implementation of property services act has played a positive and important role in improving people's living and working conditions, raising the level of urban management and other aspects.In recent years,with China's acceleration of real estate construction and the continuous expansion of the property scale,the corresponding property management disputes are also growing,which has brought negative impacts on building a harmonious society and a harmonious community.This paper has made a research on the concept and characteristics of property litigants,litigation rights capacity and litigation act capacity,the original defendant identified,representative action and other issues. Beginning with the analysis of property litigants,the main purpose of this paper is to explore how to standardize property litigants,to deliver solutions on related property disputes and to probe into the problem of the application and perfection of related litigation system in practice,so that we can properly solve property disputes by the way of litigation,promote the property management market to develop healthily,reduce conflicts, and promote the construction of socialist harmonious society.After making a research on property litigants,the paper has come to the conclusion that we should understand the concept of property litigants from procedural meaning;it possesses characteristic of group,multipartite, rights and obligation dissymmetry.The institutional theory of property litigants is very important to build harmonious society.With respect to litigation rights capacity and litigation act capacity of property litigants, institutional theory of interdict should be adequate for natural person,it's valid that legal person oversteps scope of business,and the owners' committee should be unincorporated organization.There is legal interest between accusers and accused in the property case and debatable object of procedure,original defendant identified have its rule in various types of issue.The institutional theory of group litigation should be widely used in property case;we should improve on choosing representative,and we should bring in class action suit.