Talk About The Legal Status Of The Owners’ Committee In Our Country’s Residential Quarters

The owners’ committee in our country’s residential quarters is the result of commercialized housing and property management market during the development of cities. It plays an important role in the public part of residential building and community facilities as well as the management of community public affairs. But since the owners’ committee of residential area came into being, its legal status is controversial. The property law, the property management regulations and other relevant laws and regulations of the legal status of the owners’ committee in our country are not explicitly stipulated. Therefore, in terms of practice, the owners’ committee of residential quarters faces many difficulties in the internal management and external relations coordination, which restricts its key function display.This article starts from the concept definition and status quo of the owners’ committee of China’s relevant residential quarters, analyzes and points out the dilemma of the owners’ committee of China’s residential quarters. and then it compares and analyzes the legislation mode of foreign (regional) owners’ committee legal status in the angle of judgment standard theory of civil subject. Finally it puts forward that the owners’ committee of residential quarters is a kind of organization with qualified civil subject.The full text is divided into seven parts:The introduction part mainly introduces the research background, significance, the research situation on abroad and home, research methods and purpose.The first part is the definition about the owners’ committee in the residential quarters and the relevant concepts, which mainly defines the concept of the owners, the owners’ congress and the owners’ committee, establishing the logic starting point of theory research.The second part is the present situation investigation of the legal status of the owners’ committee in residential quarters, which, through inspecting the legislation, judicial status and theory status quo of the owners’committee in our country’s residential quarters, reveals the dilemma of the residential area in our country for the unknown legal status.The third part is the investigation analysis of the civil subject judgment standard theory, which, through the investigation and analysis of the views of the civil subject judgment standard theory, concludes the civil main body which should be adopted by the judgment standard theory, providing theoretical support in solving the problem of the legal status of owners’committee.The fourth part is the comparison investigation of the owners’committee legal status in the residential quarters, which, through comparing and inspecting the legislations of the lawful position of proprietor committee in France, Japan, Germany, the United States and other major developed countries and our Hong Kong, Taiwan areas, thus provides references for locating the legal status of the owners’committee in our residential quarters.The fifth part is the orientation of legal status of owners’committee in residential quarters, which, from two aspects of necessity and feasibility, analyzes and proves that the owners’committee of housing residential quarters is a kind of other organization with civil main body status.The epilogue part makes a brief conclusion and summary about the legal status of the owners’committee in our residential quarters.