Study Of The Legal Status Of The Owners' Committee

House-owners Committee is a significant part of Owners'Autonomy Organization, and plays an important role in real estate management. The owners transfer some of their property rights to real estate management companies to manage it for them, and through the House-owners committee, they may supervise the management companies actions in an efficient way. However, as real estate management is quite new in China, we still lack of laws and regulation, which leads to some conflicts in the reality and cannot be solved effectively. Especially, the law didn't mention the legal status of House-owners committee, and this restricts the development of the Owners'Committee System. The importance of House-owners committee and practical demand in reality makes up the original intention of my researching on legal status of the House-owners committee.The main contents for this article show four parts:The first part outlined the house-owners committee. First of all, this part gives the concept of the house-owners committee, the characteristics and functions, then,this part analyses its function in estate management .At last,introduces its status and law problems.The second part is about the legal status of foreign owners of the Committee of the comparative analysis. Through the introduction of extra-territorial entity the Commission, the essay analyses comparatively the world's principal legislative Two Legal model, namely: to France, Hong Kong represented by legal personality model; to Germany, Taiwan as the representative character of the illegal people model; to Japan represented a compromise model, and the jurisprudence of the United States as the representative model of corporate personality. Through this comparative analysis of four models, we can see the provisions of the Commission of the legal status of the owner in mainland of our country is still relatively backward.To clear and to give the house-owners committee will be an inevitable trend.The third part is analysis of the basic theory the house-owners committee. First, the distinction between ownership of the buildings discussed, in particular the distinction between ownership of the building a total system in the exposition, so as to lay a foundation of legal rights for studying the committee system; Second, to expoud the institution of body of law, that with the expansion of the body of law, with the dual existence of the third type of structure has gradually become of the body of law an important component and law is bound to give it the dominant position of an independent civil, so below give the owners the legal status of the Commission to provide the main basis for questions as follows.The fourth part is the focus of this article, and the end-result of this article. This part focuses on three aspects of the problem. First of all , give an accurate position to the nature of house-owners committee, and points out that the owners of legal persons in our country do not meet requirements, should be included in the law in my country of "other organizations", and positionde non-corporate groups, so as to lay a foundation for the research of its legal status; Second, the essay studies the legal status of the house-owners committee, on the one hand, from the aspect of expouding the status of body of law and pointed out that the Commission should be given to owners on the legal status of entity. On the other hand, from the procedures, expouding the main status of proccedings of the house-owners committee and points out that the Commission should be given to owners on the legal status of the procedure; Finally, through the Committee on the owners and other legal relations between the main members that the owners and the owners, landlords, property management companies, residents and real estate administration department director of the relationship between the legal subject and furtherly improve the legal status of the owners of the questions the Commission.The improvement of House-owners Committee will help to protect owners'interests and benefit the development of the real estate industry in a constant and healthy way. Only by perfecting the legislation, making the concept of owner's group clear and establishing the lawsuit position of the owner's committee can we settle the conflicts fundamentally.