The Research On The Litigation Type Of The Defective Resolutions Of The Owners’ Congress

With the development of real estate business and housing policy, more and more people begin to live in the community. People no longer only yearns for the enjoyment of material life, the harmonious living environment has become the higher pursuit. As is known to all, the construction of harmonious community depends on all the owners and property aspects of mutual communication and cooperation. Only good coordinations between owners, the owner and the owners’ assembly, the owner and the owners’ committee, can help to build a harmonious community. With the expansion of residential area and improvement of the people’s legal consciousness, litigation between owners and defect litigations of the owner group meeting have increased markedly, especially after the property law promulgated. Many problems spring up in the legislation and practice, and the key to solve these problems lies in the types of litigation. We know that the type of litigation is an important theory of civil lawsuit, not only for bringing a civil action, but also for responding to the suit and trial. In terms of relevant research about the owner’s decision, the development is not perfect due to a late start, therefore, there are many related problems in legislation and practice. In contrast, the defect litigation related to the resolution of the shareholders’ general meeting in company law theory discussion has been relatively completed, thorough, and the owner committee has a lot in common with shareholders meeting, which can be an appropriate reference in research on the topic of this article. Through the study of foreign law theory for the meeting of the owners to sort out the defective resolution of litigation, this article points out that different defects should use different types of litigation, which is not only beneficial to the parties of the litigation by fully protecting the right of relief of parties, but also becomes more convenient to court trial, making owner litigation more standardized. This article will discuss the topic from four parts, hoping to provide preliminaryopinions to solve the problem.The first part is about the present situation of owner conference resolution flaws, discussing from legislation and practice accordingly, and points out the problems at present. Is the specific legislative provisions only owner lawsuit right of revocation, and there is no relevant judicial explanation, more general laws and related regulations and the resulting in the practice of the legitimate rights and interests of the owners can not get relief.The second part is about the analysis and thinking of related theory, based on the theory of litigation, to better solve the problem. Types of litigation at present in our country, said that is "three-point method". Through the research of the different between the concepts, types of litigationand the characteristics of each type, and provides an important theoretical basis for the analysis and demonstration on the related problem of the following.The third part mainly introduces the owner meeting resolution flaw type, points out that different types of defects shall be made of different types of litigation to relief, and the type of owner’s cancellation right litigation in our country belong to analysis and research, thus illustrating the law is only the owners meeting resolution flaws in our country the formation of suit is a lawsuit type.The fourth part through the study of comparative law and to the shareholders meeting resolution defect litigation model, analysis demonstrated that the owner meeting the necessity of resolution flaws of the invalid, to tease out the current owner of lawsuit right of revocation problem, and the corresponding improving suggestions on the system design problem, that should set up of the resolution is invalid to meeting resolution flaws of the current owner for relief.