A Probe Into The Litigation Subject Qualification Of The Owner's Committee

With the rapid development of urbanization,more and more people flock to the city,purchase commercial housing in the city and become owners.With the increasing number of disputes between owners and developers,property services companies,the Owner Committee as the advocator for the rights of the owners came into being.However,due to the property service in China started relatively late,the legislation is vague and legal status of the Owner Committee is not clear,the qualification as litigation subject has not been confirmed which makes some courts recognize the litigation subject qualification while some think it is not a proper plaintiff or defendant during the proceedings on behalf of the owners or participate in the respondent,.Therefore,due to the lack of legislation and judicial practice is not uniform,it is not only hard to protect the legitimate rights and interests of owners,but also seriously damage the judicial authority.Therefore,this paper makes a detailed study on the legal nature and legal status of the Owner's Committee and analyzes the feasibility and necessity of giving the subject qualification of the owner's committee,but the current legislation on the subject qualification of the owner's committee is relatively vague,and the theoretical circle holds this in disputes,the practice of judicial practice is not the same.After referring to the advanced experiences and practices of foreign countries and Hong Kong,Macao and Taiwan areas,bold suggestions should be made to establish the qualification system of the subject qualification of the owners' committee of our country by modifying the relevant laws and regulations,and to analyze the liability of its responsibilitiesThis paper consists of five parts.The first part defines and analyzes the concept of the Owner's Committee on the basis of the opinions of the reference legislation and the theoretical field,and then points out that the Property Law and the Property Management Regulations do not explicitly specify the nature and legal status of the Owner's Committee.It is not clear whether it has the subject qualification of litigation,which has caused various disputes in the theory circle,and also leads to many problems in judicial practice.Then it analyzes the legal status of the Owner's Committee,specifies that it does not conform to the establishment conditions of the legal person or other organization,but only the owner elect the self-governing organization for the management of the cell,and finally points out the system origin of the Owner's Committee.The second part points out the present situation of the main qualification system of the owner's committee in China from the perspective of legislation and judicial practice.First,it points out that the property law and the property management regulations do not make clear provisions on the subject qualification of the owners'committee of our country,resulting in various problems in the judicial practice,and the Supreme People's Court has issued a number of judicial interpretations and judicial opinions for this purpose,but the Supreme People's Court has finally failed to solve the problems arising from the owner's committee The subject qualification of the meeting is not clearly brought about.The third part analyzes the necessity and feasibility of giving the Owner Committee litigation subject qualification,pointed out that in the current situation,giving the owner committee litigation subject qualification can not only effectively safeguard the interests of owners,but also enable them to perform their law duties,and ensure the smooth transactions.The Owner Committeeis eligible for unincorporated organization,and has the feasibility to be a subject qualification.The fourth part examines the current situation of legislation in foreign countries,Hong Kong,Macao and Taiwan regions in China,and analyzes the advantages and disadvantages on this basis.First of all,analyze the provisions of the owners of the legislative of France,Germany,Japan,and the United States whose legislative model has wide recognition.Then it analyzes the advantages and disadvantages of each country's legislation and its enlightenment to the establishment of the main qualification system of the owner's committee in our country.It points out that although there is some difference about the provisions of litigation subject qualification on the owners' committee among these countries,but basically admits the litigation subject qualification.The fifth part puts forward the legal advice of establishing the main qualification system of the owner's committee of our country.First,it is suggested that by modifying the property law and its judicial interpretation and the relevant provisions of the civil procedure law,it is clear that the subject qualification of the owner's committee should be given,and the subject qualification system of the owner's committee shall be created,but the scope of the action by the owner committee shall be limited.Secondly,make concrete suggestions on the responsibility of the owners'committee of our country.First,it is certain that the Owner's Committee and the owner shall be jointly and severally liable,and then analyze the Owner's Committee and its members from the inside,undertake different responsibilities in different circumstances,and propose to establish a supervision mechanism to promote the development of the Owner's Committee,and then to the owner who provides the gratis service The internal responsibilities of the members of the Committee are subject to analysis.Finally,opinions and suggestions are put forward for the costs of litigation and the consequences of litigation of the Owner's Committee.