The Research Of The Legal Status Of Proprietor Committee In China

As the housing system refrom in China’s urben,a large number of real rstates appeared, the providers of housing management are from the unit to the professional property services companies. With the refroming,the owners’ committee as a new autonomous organization appeard.the relevant laws and regulations are not perfect due to the owners’ committee started late. Because of the unclear legal status of the owners’ committee, there are a lot of controversy inproperty disputes.But "the property management regulations" and "the property law" didn’t make this problem clearly.Therefore,a cleaat lagal position of the owner’s committee is very important and signific.This paper is divided into four parts, the main content of each part as follows:The first part is mainly about the basic theory of the owners’ committee in China.It introducts the committee’s concept,function and chatacteristic.The second part analysis the legislative status and issues about the owners’ committee.First,it introducts the legislative status.Because the "the property management regulations" and "the property law" about the owners’ committee’s legal status is not clearly, it causes a lot of disputes.The controversial issues including two problems,on the one hand,through the case studing to find the contradictions among law and practice.On the other hand,using the method of contrasting to analyse the dispute about the legal status of owners’ committee. Including four viewpoints:the theory about club’s artificial person,the theory about incorporate organization,the theory about civil action for incorporate organization,double negative’s theory.The third part introduce the legal status of the committee in foreign. The owner of the committee’s legal status is clear in foreign. There are three modes:artificial personal mode, inartificial personal mode, conditional artificial personal mode. Then it analyses the three modes.The fourth part analysis of how to establish the legal status of owners’ committee. First, according to the description of owners’committee,we can put it to the incorporate organization. Second, to make the committee’s legal status clearly is very important to the judicial practice and theoretical development. Third, We should strengthen the supervision of the committee in two aspects of internal and external.