The Research On Legal Status Of Owners' Committer In Chinese Community

Along with our country market economic prosperity and the rapid development of real estate market, multi-story buildings and the phenomena of condominium increasing, the situation many owners live together in a building appears.Three power of distinction between ownership of building, in addition to the exclusive rights can exercise independently by the owners, the mechanism which can unity means the owner of the distinction between to full and effective exercise of the other two power maintain the common interests of all the owners, so the owners'committee arises at the historic moment. Unfortunately, ambiguous legal status of owners'committee in our current laws and regulations cause many troubles in practice. The author of this paper attempts to give a clear legal position to the owners'committee, in order to properly solve the complexity of the property management disputes. Three key parts are elaborated at the paper:The first part is owners'committee system overview of Chinese community.First, the part analyzes legal status at present of owners'committee of Chinese community from the origin, characteristics and functions of owners'committee; Second, it analyzes constitution foundation of owners'committee of Chinese community, namely association liberty and property law foundation, namely building differentiation ownership;Finally,it analyzes owners'committee of Chinese community faces three problems:subject qualification is not clear, rights and obligations are not clear and lawsuit status is not clear.The second part is about legislation model of owners'committee system. Four legislative model about owners'committee of representative countries and area are selected which is the corporation aggregate model represented by France and Hong Kong, the unicorporated organizations mode represented by Germany and Taiwan, compromise model represented by Japan, Personality Case mode represented by America.The third part is suggestion which can perfect owners'committee system of Chinese community.Firstly, legal status about owners'committee of chinese community should be explicited on legislation,including owners'committee of Chinese community should not be given the independent qualification of civil subject, should be clear about their rights and duties,should definitely endow with litigation qualification; Secondly, the relationship between owners'committee and the three important subject which are property management company, individual owner and owner congress should be further standardize at laws and regulations.